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Headlines March 1, 2001

Japan: 2M lines in 2001
Globespan shipping 16 ports on a DSL chip
2001: US 3M, rest of world 8-10M
Qwest's DLEC going live in DC
Will ending reciprocal comp bring up internet prices?
Editorial: Don't hurt yourself by hurting consumers
How telcos can get more respect

"The ConnectSouth team represent the finest group of people I have had the pleasure of working with over the past 15 years." Jeff Mucci, CEO, ConnectSouth, who unfortunately just had to make most of them redundant. The industry continues to explode (2M lines coming in Japan), but many face tough times. Make sure you've dealt honorably with workers, partners, and customers.
"Cisco was blowing up in February" VC Roger McNamee, pointing to a great company also struggling.

A short issue, instead of the extra long one that would have included an intense analysis of SBC's move of the basic DSL price from $40 to $50, along with the projection of fewer customers. I am holding it till next Tuesday, for additional facts from SBC. No revelations, but I see the move as having substantial implications for earnings and the competitive situation. Email dave@ to add your opinion to the data. Meanwhile, to prove I'm not a telco-basher, I'll be wearing a Bell Atlantic T-shirt Friday at the Phoenix conference, and I'll  switch to a Pac Bell tee if they can find one for me. Dave Burstein

    Best of luck to our friends at Agere/Lucent Micro on their IPO, and we're looking forward to news from the DSL Forum meeting in Vancouver.

Japan: 2M lines in 2001
NTT East: We plan to add one million DSL subscribers.
Tetsuo Koga, General Manager of Sales for NTT East predicts one million DSL subscribers in eastern Japan alone. Add NTT West, eAccess, Tokyo Metallic, and KDDI, and the Telechoice projection becomes reasonable, although it is much higher than last quarter's  predictions. This  remarkable change, was inspired by a government initiative promoting the development of the fast internet and the opening of competition. Centillium has a remarkable lead in the Japanese market after investing years in the development of  the Annex C standard that minimizes interference from the Japanese ISDN network.

Globespan shipping 16 ports on a DSL chip
Leading the way to denser DSLAMs
Telco office colocation space is some of the expensive real estate in the world, and the DSLAM chassis has a certain fixed cost, so one key design factor is to squeeze as many ports as possible into the box. So there's a mad rush to squeeze as much as possible onto one chip, and therefore on to one line card, so everyone welcomes the move to the new generation..
     
      DSLAM designers have told us lately that we are, for the moment limited primarily by  other components (from splitters to controllers) and power are more severe limits. Fortunately, Tripath/Alcatel and several others are close to market with low density line drivers. We need to hear more from Globespan about power, size, and cost, but they did specify the 16 port is shipping and available now. db

2001: US 3M, rest of world 8-10M
Company estimates, however, were high for 2000
Company estimates put US subscribers in 2001 about 3M, with both Verizon and SBC geared up to do 200-300,000 per quarter, BellSouth planning 400,000, and Qwest 250,000. Internationally, we report above Japan's planned 2M, Germany (DT) plans a million, and enough equipment has been ordered by Telfonica to do a million subscribers between Spain and Brazil. France Telecom, Telia, Telenor and KPN are deploying rapidly, with BT and Telecom Italia making grand plans. Korea did 2M in 2000, which will be hard to match in 2001, while Taiwan's equipment purchases suggest volume there as well.

     Telcos in 2000 missed their goals by 20% and more, so none of these numbers (or more detailed ones from analysts) are guaranteed. But the growth remains impressive, and the shift away from the US dramatic. db

Qwest's DLEC going live in DC
$3B revenue plan for 2003
Augie Cruccioti has his work cut out, if he's going to meet Joe Nacchio's ambitious goals, but Qwest has met some tough targets in the past. They outlined their plans last summer, to leverage existing OSS and customer support to expand out of district. They are not interested in the residential market, targeting instead businesses and telecommuters.  California and Texas were the first stage, and now they've come East. Qwest and MCI have an excellent business case to purchase NorthPoint or another DLEC.

Will ending reciprocal comp bring up internet prices?
Nearly done recip deal shifts costs to the net
Nearly $2B per year goes from the four telcos to competitors, largely as compensation for completing calls to Internet service providers. The system was set up when the telcos thought they would be collecting, not paying the fees, at prices so high the system is clearly irrational. Billy Tauzin, who achieved the chairmanship of the House Commerce Committee with the over $10M support of the telcos, has an active bill looking to end the system. Consumer advocates claimed this would raise internet prices, a suggestion we discounted a few months ago, feeling competition would keep internet prices headed down. Telcos also said it would make no difference.
   
     I apparently was wrong. Recip is a key cost factor, but I believed competition would hold down the price. Recent DSL price moves are evidence the expected repeal is making a larger difference than we expected.

Editorial: Don't hurt yourself by hurting consumers
Covad shut down thousands of consumers while trying to collect from ISPs, and will pay a disproportionate price for that move. Every prospective Covad customer will now have to ask "Will I lose my connection one day through no fault of my own?" You can't measure the cost of that doubt, (or a telco's loss of reputation because of inferior service), but it is surely far greater than the money collected. We don't know whether Covad and ISP was right in the legal case, but we are certain Covad made the wrong decision. The customer is (almost always) right - good will has enormous value.

How telcos can get more respect
Being more open with reporters brings the best pr
A telco veteran and I have been trying to understand why so much of the press coverage of Verizon and SBC is negative. Crucial, I believe, is that telcos are so guarded with information that the only time a reporter has any news is when they foul up so badly the story can't help getting out. We know, for example, that SBC has one of the two or three most advanced consumer VoDSL trials in the world. We also were convinced, off-the-record, that Verizon is working darn hard to play by the rules of competition in New York State. If the companies were more open, we'd have been able to write those stories.  Instead, they rarely discuss anything that hasn't been approved at three levels or in a press release. Telcos have far more power, and need careful watching, but anyone smart in this business knows the telcos are no better and no worse than anyone else. Result of the too-careful information policy: the company approved stories are rarely newsworthy, and writing anything else requires investigative skills worthy of a cold war Kremlin watcher.

Briefs:
The JDS 3,000 person layoff proved that no one, not even the hottest of optical companies, is immune from the industrywide problems.

Chips:
  • Virata's new Helium 200/210 targets gateways and home voice systems with double ARM cores and integrated ethernet. Their very helpful press release included 23 statements from customers and analysts, including Samsung's comment "Only Virata is able to provide us with the most integrated and cost-effective technology available on the market, along with excellent engineering service and support." Samsung itself has an interesting chip in this space that is make inroads with a very price.
  • TI has a new network processor, with a MIPS core, which Terry Riley told us is delivering excellent performance. We'll have an article in a few weeks, "The smart part of the modem: competition for Virata from TI, Motorola, ishoni, VoicePump and especially Samsung"

Stock Market:
  • The Wall Street Journal pointed out that US bonds went up 21% in 2000, and the NASDAQ down 39%.
  • 98% less money is going into tech stock funds - $100M in January 2001 compared to $9.5B in January 2000, per Lipper in the Merc. But with prices down, this may prove the wisest time to invest - recent buyers of Efficient nearly doubled their money, and there have been opportunites to do even better in many now low-priced DSL stocks. For VCs and private investors, the opportunities are even bigger - some remarkably attractive deals haven't found financing.

Headlines Feb 22, 2001

  • Alcatel's own Voice over DSL
  • What the heck is going on at Covad?
  • NorthPoint for sale
  • Nortel cutbacks - we got the story right by accident
  • What Wall Street knows about telecom equipment
  • Covad: making line-sharing work
  • Copper Mountain's cash gives them time
  • TdSoft $20M, Arrival $17M, MegaPath $10M
  • ConnectSouth: another one bites the dust
  • New Edge: we're cutting back
  • Siemens takes Efficient for $1.5B
  • Briefs: future demand, forecasts of bandwidth demand, Verizon, Motorola, Citynet's fiber in the sewer, NHC,BellSouth, BroadJump, Alcatel/RC Networks, Virtual Access, DVTel/Infineon, TI price dropping, LSI Logic, Tripath, Legerity, Analog Devices, "There is no consumer choice for DSL in the UK", KPNQwest, highspeed wireless. Maida Chicon, Harold Furchgott-Roth, Kelvin Ko, Netopia/Proxim, Lucent, rapidly falling DSL chip prices

"It just keeps getting uglier and uglier," Ken Hoexter of Merrill Lynch on Covad's problems (WSJ)

Sorry for the delay between issues. We've been working hard, including over 40 interviews trying to understand why SBC, a very smart company, chose to raise DSL prices 25%+ when chip and equipment costs are plummeting. Tuesday issues for SBC and also Centillium's look at Japan's 2M lines in 2001. Meanwhile GTE's fast DSL connection on Kauai, 100 yards from the beach of your dreams,  brought us the news Wiley will publish DSL, A Wiley Tech brief by Jennie Bourne and Dave Burstein in September.  But see us sooner - come to the VoDSL conference in New York (ad below). I'm chairing it and will keep it lively. db

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Alcatel's own Voice over DSL
Gateway on a 7300 DSLAM card
With a little help from friend TDSoft, Alcatel later this year will deliver a voice over DSL gateway. according to an presentation at a European conference. First targeted at Europe, the goal is to deliver distributed VoDSL right in the telco CO, feeding a local switch. (In the US, Alcatel will continue to work with CopperCom for now, and is in advanced trials at telcos.) Alcatel last year was considering buying a gateway vendor (CopperCom or Jetstream) but the price was too high, so they chose to develop their own product.
    The 7300 is a watershed for the industry, a true "next-generation DSLAM" now becoming the standard unit in the major telcos, where Alcatel has two thirds of the world market. A video grade unit with gigabits of backplane speed, processors and control systems capable of IP quality of service and multicasting, optional test capabilities, and interfaces soon to reach OC-12 and beyond.

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What the heck is going on at Covad?
"We are in no danger of Chapter 11 at all" Covad's Sessums
Chuck McMinn and team built an exciting company, but this second financial crisis implies a tough road ahead. Covad's writing off at least another $50M - and probably much more - when they finish closing their books this quarter. Part of the writeoff is an accounting rule (if a modem is provided as part of a three year contract, the modem income has to be spread over three years.) Another part is Marketing funds advanced to ISPs that have not paid off, and a large part is additional ISP debt, most of which we thought had been dealt with months ago. They are closing 300 of 1900 COs, extending layoffs, and returning trucks to the lessor. They are essentially  writing off much of the Bluestar deal. A few days earlier, Covad played hardball with ISPs, shutting off thousand of customers of Internet Express and DSL Networks, creating permanent fear among customers, terrible pr, and convincing us, before the financial announcement, that the problems were much worse than reported. If Bob Knowling hadn't pushed through the last $500M financing just before he left, the situation would be dire; with the cash on hand, Covad has many months to turn things around, and we hope they do. Fortunately, AT&T, XO, SBC, and others able to pay their bills are bringing in most of the new customers, and Covad reached a businesslike settlement with Flashcom in court. Below, some Covad good news (linesharing is working, and customer self-installs are increasing), and next issues we have an interview with ex-CEO Bob Knowling. (Sorry, no revelations - he continues to like and respect the people he worked with at Covad.)

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NorthPoint for sale
Bids coming in for late March
Verizon suit advancing
There are many rumors - but little solid information - about the bidders for NorthPoint, in a process leading up to a court date in late March, the hoped for (but not guaranteed) final resolution. One probably out of the running is NTT/Verio, which is pulling away from DSL. (Will NTT have to take a write-off on their $5.5B purchase of Verio, now clearly worth less than half that?)
     Meanwhile, they've won a ruling their $B plus law suit against Verizon can proceed in California, and recent events have only improved their case. NorthPoint should win the suit if the "material adverse events" were caused by "facts, events, changes or effects that are generally applicable to (A) the data industry, (B) the United States economy or (C) the United States securities markets generally or the Nasdaq Technology Index in particular". Clearly, problems in the data industry played a major role. Lucent, Cisco, and Nortel have also suffered shortfalls that NorthPoint's lawyers will attribute to "problems in the data industry" - an argument whose merits may well remain unclear until years from now in a jury trial. Meanwhile, we're watching Verizon's financial statements. They presumably will have a lawyer's opinion that minimizes their material risk, but the lawyers we've consulted are not sure at all, and a reserve (or a settlement) would be prudent.

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Nortel cutbacks - we got the story right by accident
"CLEC strategy" failed, as Nortel's layoffs demonstrate
We were just referring to DSLAM future sales, but several misread our comment suggesting deeper Nortel trouble, which we were not predicting. We have enough trouble tracking DSL. Turns out, the same reasoning applied to the larger company as well, but we hadn't predicted it.
    John Roth of Nortel is a smart and honest man, who has earned the industry's respect. We believed him  when he told five hundred wall streeters that Nortel would have an exceptional 2001, growing 30%. Last Thursday, he had to accept that he was wrong, and laid off 10,000 employees. The fall speech itself contained enough to anticipate the problems, as we now see in hindsight. He emphasized sales to CLECs, but told us Nortel would no longer finance them. Since CLECs worldwide are short of capital, he was being unrealistic expecting major growth. Apparently also unrealistic were his growth goals for optical networking, the one area the bubble hadn't burst in. Nortel is the last of the telecom giants to accept the problems, which originate in the capital expense cutbacks at telcos around the world.
     Corporate problems, unfortunately, overshadow the remarkable fourth quarter of 2000, and Nortel has now shipped over 600,000 lines of the Promatory DSLAM. Korea Telecom has become a major customer, and they are also shipping to @Link, First Mark, and PLDT in the Philipines. Tokyo Metallic gives them an enormous upside in Japan. Brett Sheppard believes they had 10% of the world market last quarter, and will hold or increase that percentage this year.

What Wall Street knows about telecom equipment
For the last six months, Wall Street has seen projections from telco after telco that capital spending will be relatively flat or down for 2001 and 2002. Qwest, Verizon, SBC (and of course all the competitors) geared up for data and wireless, and are unwilling to up the rate of investment. The result, of course, is equipment sales, especially in the US, also cannot rise rapidly. While individual companies may buck the trend, it was impossible for most major companies to increase sales 20-30%, as many hoped. One by one, sales projections have come down, from Lucent, Cisco, ADC, and now Nortel. Most were inevitable - you can't sell what they won't buy.

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Covad: making line-sharing work
In nearly 100% of 1600 surviving offices
Linesharing cuts monthly line costs from $10-20 to about $3, and is absolutely essential if there is ever to be any competition for consumer DSL. The FCC ordered it for last June, and after delays it is working well in much of the country, with lines delivered to competitors in less than 5 days in many cases. Because it uses existing lines the problem rate is as much as 70% lower, dramatically driving down the operational cost.
    Covad hoped to be this far along in December, but some areas dragged to February. As they train ISPs and restructure agreements, they are also moving to standard customer install for nearly all consumer sales this spring. These kinds of day-to-day improvements mean the industry's longterm future is bright - despite the painful stories we have to report.

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Copper Mountain's cash gives them time
Revenues shrink dramatically, and future unpredictable
When times got bad for the industry, a common comment was "The good companies will do fine." This was clearly mistaken. Copper Mountain has delivered some of the most reliable DSLAMs in the world, and given customers (and reporters) excellent support. They've been fiscally prudent, and earned a profit.  Their partner program was so successful, the rest of the industry copied it.
   3Com just sold several million dollars worth of Copper Mountain DSLAMs in an OEM deal, and mPower expanded their purchasing. But the problems of customers like Rhythms, NorthPoint, and JATO cost them much of the quarter's revenue, which McLeod and basement DSLAM orders couldn't compensate for. NorthPoint was acknowledged as the source of the $8M write-off, and inventory/work-in-progress in the tens of millions must be written off. They now need to build international sales, where the market is growing twice as fast as in the US. Paradyne, facing similar problems, has already cut back staff and spending, and is emphasizing international sales - Copper Mountain's conservative financing will give them breathing room to do likewise, and bring a nextgen unit to market.

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TdSoft $20M, Arrival $17M, MegaPath $10M
There's still money out there
TdSoft is the early leader in delivering European 5.2 VoDSL, with enormous potential and a deal with Alcatel. Because Alcatel ships more than half the DSLAMs in the world, that deal is transforming the VoDSL market. Founder and CTO Eytan Radian now is building the company in the US - he's one of the most colorful characters in the industry.

Arrival is building a network in California, emphasizing business connections in the areas not well served by Pac Bell. Many feel the industry survivors will be led by companies like Arrival, @Link, New Edge, and IP Communications, if they emerge as the strongest active competitors to the telcos in selected COs.

MegaPath is a business-oriented ISP, where Harry Taxin has emphasized high-quality service from the first, and MegaPath ratings on DSL Reports have always been high.

ConnectSouth: another one bites the dust
Staff gone, operations expected to close
"Another one bites the dust" is our headline, to make the point that industry problems are overwhelming many companies with decent management and hard-working staff. We know the pain of the people whose dreams were denied is very real; some will lose their homes and health insurance. Good companies , not just weak ones, fail in this market, and everyone looks for a scapegoat. But Bob Knowling of Covad, for example, was not a brilliant manager in April and a rube in October. Rather, he was a smart man brought down by industry changes. He's happy to talk, with hindsight, about mistakes he made - but we've yet to meet anyone perfect.

Morgan Stanley funded CLECs in different regions, hoping to duplicate the remarkable early success of Rhythms, Covad, NorthPoint and DSL.net. eAccess in Japan is now growing rapidly, and we hope proves a prudent investment. But nearly a half dozen groups had a similar idea in the US south and southwest, and the result is that all are in trouble. Before the general CLEC collapse, Bluestar's IPO failed and their VCs were temporarily bailed out by Covad (another portfolio company.) Vectris and Darwin followed, and now ConnectSouth, when the next round of funding fell through.

New Edge: we're cutting back
55 jobs lost
Dan Moffat's company is pegged as one of the survivors, but that means he has to make tough decisions along the way. With no more capital in sight, he had to drop 55 more workers (second layoff) as well as temporarily shut down some locations in Florida and Georgia, reducing COs to 500. He's also had to turn down very attractive offers to take over others, including Vitts and ConnectSouth; a very smart banker should find a way to provide him the funding to take advantage of opportunities like that.

In the works is an editorial "Seven realistic steps to increase competition, bring down prices and move toward universal service" One of them will be to bring the price of fiber backbone connections down in rural areas, the main reason Covad, New Edge, and others are shutting down small offices. The marginal cost of a fiber-optic lambda is dramatically less than the fees charged; if there is no competition, then creative unbundling or regulation should be used to reduce monopoly-like prices. Congressmen Tauzin, can you deliver that to your small town constituents?
  
Siemens takes Efficient for $1.5B
Also investing 100M for new DSLAM plant
Mark Floyd gave us the good news "We plan no layoffs, and I as President of Siemens ICN Access solutions expect to continue to lead and grow the company. " Besides a major SBC contract, he's expanding in China and Barzil, where Siemens international experience will help. Floyd added "Urban China is apartment buildings, allowing rapid growth as we've seen in Korea. Telefonica in Brazil l looks to become a major customer." With Deutsche Telecom aiming at millions of DSL lines, Siemens is preparing to serve - and grow worldwide. Efficient is the leader in modems, and their Flowpoint division was critical in early tests of voice over DSL. The bid is 70% above recent trading, but only a small fraction of last year's value.

Briefs:

  • Where will the future demand come from? The mantra remains "we have more orders than we can handle", and the installation delays would seem to confirm that. SBC, Verizon and most CLECs still take over a month for most installs, compared to a telco (and cable industry) standard of 3 days, suggesting a backlog. But we believe that overall installation capacity has caught up with demand, with SBC, as we will report next issue, with the capacity to handle 500,000 more orders than they desire in 2001. Similarly, looking closely at order backlogs at CLECs Covad and Rhythms, install backlogs are stable to down. The easy early adapters have been reached in the major cities; we're now in the "post-DSLAM" era, needing DLCs and loop extension to expand the market, and service quality that will inspire customers to want DSL.
  • Andrew Odlyzko of AT&T has convinced us we were wrong in our forecasts of bandwidth demand, a key determinant of the equipment you need to purchase today. He's found substantial data that suggest the widely quoted "doubling every 120 days" growth of the internet is overstated by half or more.  That's what we've been hearing reflected in network demand within DSL as well. Even doubling over a year will make typical DSLAMs installed in 2000 obsolete in 4-5 years, but that's better than the 2-3 years we have been projecting. Odlyzko is speaking at the IGI conference Fiber Bandwidth Glut: Fact or Fiction April 18-19, 2001 in Boston
  • 540,000 DSL customers was the first highlight of Verizon quarterly financials, 30% below their spring goal but ahead of the 500K they expected in the fall.
  • Motorola is splitting its broadband division (the old General Instrument) into two parts, entertainment and networking. Their Streamaster set top is already in use in the Enron/Verizon trials, and they intend to offer DSL versions of the gateways and intelligent home controllers they are selling to cable
  • Fiber in the sewer, anyone? Citynet's robots are now at work in Albuquerque, deploying cable.

Deals:

  • NHC won a large order for equipment from BellSouth. Like most telco deals, this was a long time in the works, but the potential volume is significant. With 5 North American telcos representing about 80% of the market for DSL equipment, each decision is crucial.
  • BroadJump signed SBC, and is close to dominating the market for broadband installation software, with several cable providers on board as well.
  • Alcatel will OEM basement DSLAM equipment from RC Networks, which has produced equipment that works well in the field and is priced far below the market. They have $3,000 units that make ideal building starters, while the more exciting products, just coming to market, include voice.
  • Virtual Access has won orders from BT and BellSouth for routers, and is optimistic in other telcos. A simple to use test mode, with a graphical user interface, helps end-users and providers determine where the problem is - local machine, local connection, DSLAM, etc. Pete Castleton of Verizon told us last month that the ability to test is proving critical to network reliability, and is a key factor in their equipment decisions.

Products:

  • DVTel announced a new Video over DSL system, using chips from Infineon.

Chips:

  • TI has been especially aggressive in pricing, competitors claim, but while DSL is strategic to them, the dollar volume is probably not material to their earnings. DSLAM manufacturers (except Alcatel and Siemens) have all dropped their forecasts for 2001 - that's lower growth, not an absolute downturn.
  • LSI Logic introduced an 8 port analog front end chip, with good numbers for noise and power.
  • Tripath cut a deal for Alcatel's support of their low-powered line driver, one of the first of a new generation that will raise DSLAM port density.
  • Legerity (the AMD spinoff) "opened the kimono" at ISSSC with technical details on their high voltage chips that eliminate splitters and combine voice and data.
  • Analog Devices, on the other hand, is working to eliminate the line driver entirely, combining it with the analog front end.

International

  • "There is no consumer choice for DSL in the UK", Kingston said as they deferred their service till  at least next year, blaming BT.  All the CLECs are looking at business. CLEC Thus, even with the backing of Scottish Power, has had to abandon DSL plans.
  • KPNQwest's Jerry Yohananov emailed that DSL "is not a big part of our future strategy". They've cut back from 1600 to 300 planned COs.

Competition:

  • Half the companies at Cannes 3GSM conference will be out of business in a year, predicted VC Olav Ostin. Highspeed wireless handsets and customers will be very rare until much later than predicted.

People:

  • Maida Chicon now directs Verizon's multicultural marketing organization, the kind of outreach lesser firms will need to develop as the surge of "early enthusiasm" passes. 
  • Harold Furchgott-Roth, the FCC commissioner without a television set, has resigned, because "every free-market advocate in government must fulfill his dream of returning to the private sector." Bush now gets to name his replacement, as well as Bill Kennard's.
  • Kelvin Ko is the new Asia director for Videotele.com, the Tektronix video server spinoff, which has promised dramatic breakthrus in price/performance for video headends. DSL is barely visible in China, but Videotele's three offices presumably are calling on many prospects. Video growth is slower than expected, because the big telcos are scared of the investment required, after massive losses six years ago. But as costs keep coming down, (and DSL Internet traffic pays much of the infrastructure cost), the economic argument keeps getting better. We think the time is now, although many disagree; we are certain the economics will become overwhelming within a few years, which means every DSLAM or DLC purchased today without sufficient growth capability will prove a mistake over time. There's less than a 7% difference in cost between video-capable DSLAMs and obsolete ones; in the case of the Alcatel 7300, the new model is cheaper, per port, than the old one, but has 10 times the potential capacity.

Stock Market:

  • Netopia's takeover by Proxim illustrated the downside of having cash - cash makes you very attractive to a buyer offering stock. But "fully funded until breakeven" is the mantra of today's successful net company. That's one reason Wall Street is abandoning Amazon; their cash runs out late this year, with no profit in sight.
  • Lucent's downgrade to near junk bond status is a frightening reminder of how fragile the Internet and telecom boom really was. The DSL division continues to do well, with growth expected in 2001. The SEC investigation is surprising, but is another warning audited statements are not always accurate, especially as things change. Management hoped that DSL, like optical, would be spared layoffs, but the corporate problems are now so severe nothing can be guaranteed.
  • Several analysts asked us about the impact of rapidly falling DSL chip prices on stock prices, which we are reluctant to forecast. Virata seems the least effected, as they emphasize features beyond the standard, but no one else is likely to be immune from an earnings hit, especially in Q2. (Since many chips are sold under contract, spot prices don't always have an immediate effect.) But ADI, Aware, and others have already seen severe stock drops, so don't read this as a sell recommendation, please. (In fact, since we wrote this several DSL chip companies have seen their stock rise.)

In the works:

  • Japan: 2M lines in 2001
  • Sprint's 2000 COs could make them the largest DLEC; Lucent Stingers in 1200 offices, but only 60,000 customers before 2002
  • Telcordia's software delays and Project Pronto
  • Elastic Networks - a different technology, a longer reach
  • Catena - price breakthrough to add DSL to older DLCs
  • CWA's remarkable challenge to telco data accuracy
  • CISPA attacks SBC on content control
  • What's up with Project Pronto and software delays
  • Broadband Bill of Rights and a genuine consumer movement
  • VoDSL articles from AFC, Aware, and Copper Mountain.

 

Headlines Jan 17, 2001

  • NorthPoint will emerge - with new owners
  • DSL Yearend US ~ 2.4M, Korea 2M
  • Rhythms cuts 450+
  • $300M U.S. Government DSL contract
  • Winfire - Systems good enough to sell
  • Actelis: too fast to be true?
  • Briefs: Nortel, T1E1.4, Qwest, 2Wire,Netopia, General Bandwidth, Broadcom, Japan fiber, Mark Emery, Doug Broad, Jef Raskin, Genuity
"Sony will become a personal broadband network company by developing gateways.  The era of stand-alone TV products is over" Noboyuki Idei, Sony Chairman and the inspiration for Japan's new telecom rules.

Liz Fetter promises a "structured sale" of NorthPoint, bringing new owners and possible disappearance into a larger company. They ran out of money because the market turned against them, and they chose a faithless partner, Verizon. NorthPoint built a network that covers nearly half the US in two years, delivering to 100,000 customers DSL, a technology that was still in the labs when the company began. Customers will be well treated, with service continuing without disruption. 

What's next for NorthPoint

Buying time, not going out of business

"The purpose of our filing is to use the breathing room Chapter 11 provides to sign an agreement with a financially sound strategic partner who is interested in our world-class network, our skilled and dedicated employees and our attractive customer base." (Fetter) Last week, Goldman Sachs denied NorthPoint access to $160M of credit, which required meeting certain financial targets. NorthPoint, like all CLECs, will need cash for at least two more years, as they build a customer base. The best investment bankers in the country thought the plans prudent, and nearly every Wall Street analyst called them a buy last year when the stock was worth $Billions. But the market turned away, and so did the bankers and financing. They sold control of the company to Verizon for $1.3B, including enough cash to carry them to profitabilility, but Verizon backed out of the deal. Now, $38M in debtor in possession financing will let them meet the next few months' payrolls.  

Bidders will help them emerge

If Verizon valued the company at $2.6B five months ago, what is it worth now? NorthPoint has 1700 COs across the United States, with a complete operations team and system, as well as 100,000 customers and strategic relations with Microsoft and other ISPs. Qwest plans to build a $3B CLEC, and Nacchio told us they have been looking closely at all three DLECs, just waiting for the right price. MCI also needs facilities across the nation, and almost bought Rhythms last spring. NTT invested $5B for Verio, and a fraction of that would give them a national DLEC to serve those customers, while DT, FT, and Telefonica all are expanding in the US. AT&T presumably won't make a move till it resolves with AOL whether they will share a cable monopoly, but if they don't, AT&T needs the facilities. Sprint has installed as many as 800 DSLAMs already on their own, so probably isn't looking to buy. Verizon, if they don't quickly win the court case, may have the most incentive of all. Surprises could be CLECs like Allegiance or Focal (who share investors), XO, or a dozen others, if the price is right.

$400M of bonds pushed sale to bankruptcy court

Yesterday an investor who bought NorthPoint's stock (total, less than $200M) would also be responsible for $400M of 12 7/8 percent Senior Notes sold February in a private placement. Now, a buyer in the bankruptcy court auction could potentially avoid paying several hundred million dollars by partially paying off the bonds. A similar debt load is why MCI did not buy Rhythms last spring.

Likely losers
  • Stockholders, and employees with options, will get little or nothing unless the bondholders and other debtors are paid in full.
  • Goldman Sachs Credit Partners, CIT/NewCourt, CIBC, Credit Suisse and a syndicate have apparently provided $140M of financing, payment of which depends on the offers in bankruptcy court.
  • Copper Mountain has reserved $8M and Netopia $1M in case they are not paid by NorthPoint. All ordinary creditors, including the landlord, are not guaranteed payment.
Mike Malaga had a vision

Mike Malaga, Pete Castleton, and Jeff Waldhuter inspired this newsletter, convincing us that the fast internet would change everything, and that they could deliver it over ordinary copper wires. (Some articles we've written may have left them with regrets.) He worked tirelessly, once offering to get up at 4:30 a.m. to be on our radio show. For years, progress was slow, because neither the equipment nor the financing was ready. By 1999, the race was on, the IPO money poured in, and by that fall the network build was ahead of schedule. There was a decency about how employees and customers were treated; even folks laid off wished the company well. When the hard times hit, Liz and crew were open and honorable. Nearly all the customers of failing ISPs have been supported without problems, while others continues to struggle.

Verizon still faces $1B lawsuit

Verizon signed a contract in August to buy 55% of NorthPoint for $1.3B, but only paid $200M before it declared NorthPoint in default. Verizon's backing out clearly cost NorthPoint the better part of $1B, which suggests the possible damages if NorthPoint wins. We've analyzed the contract at length, and spoken with the lawyers on both sides. Neither we nor the attorneys we've asked to review it are willing to pick a winner. Verizon has not set aside any reserves, but the potential damages are so great that if they don't get a quick ruling, they have powerful incentive to settle. The lawsuit is one of the key assets of the company going forward, and will be aggressively mounted.

The leaders still did well

Mike Malaga may not have made hundreds of millions, but he sold nearly $5M of stock in August and $3M in February. Liz Fetter cashed over $M, Mory Ejabat nearly $2M, and Steve Gorosh $3M. Reed Hundt also sold NorthPoint shares worth  $600K, or more than he made in several years as Commissioner of the FCC. Others in the industry cashed even more this year: Rhythms' Hapka $20M, Redbacks' Barsema $140M, Globespan's Geday almost $10M, Efficient's Floyd $33M, Covad's Knowling $20M.


DSL Yearend US 2.4M, Korea 2M
Numbers coming in
SBC in particular has not released a firm number, and several have just given guidance. So expect a few revisions in the next two weeks, but this number is close enough to be useful.

SBC - 880K?
Verizon 540K
Covad 274K
Qwest 250K +
BellSouth 200K +
NorthPoint 100K +
Rhythms 67K
Broadwing 40K ?
Others including NAS, DSL.net, New Edge (6K), Vitts, New South, IP, @Link less than 50K,

Korea Telecom has the most subscribers in the world, over a million, and Hanaro is the second or third largest, a remarkable achievement, according to the Korean Ministry of Information and Communication. DT in Germany is the leader in Europe, and we welcome anyone who can point us to more worldwide numbers.

Winfire - Systems good enough to sell
Eric Geis, Firetap the first customer, as "FreeDSL" passes 40K subs
Chad and Ryan Steelberg built a network and OSS designed to support video grade service, and are now serving 40,000 "FreeDSL" subscribers, the majority of whom pay $19 or more per month for a higher tier of service. They've always intended to make money with variable speed offerings and added value services, including video, and a hard-working team designed a sophisticated network control system. They can shape traffic to each client, allowing higher speeds, for example, when an advertiser is paying to stream a video commercial. Chad tells us the result is a system whose design is robust enough to resell. So they've established Octive as a separate division. Eric Geis' Firetap, controlled by Homestore/Realtor.com, and with close relations with the National Association of Realtors, is the first customer. Geis was a VP and one of the first at Rhythms, so his endorsement is a strong one.
    Everyone's skeptical about Winfire, especially as other DSL providers are struggling for cash flow. Steelberg's attorneys,  Rus, Miliband & Smith, have sued them, per the Orange County Register. But they're delivering lines by the thousand, and we've heard nothing that suggests the network they are building will not live up to their ambitious specifications. Financial details are mostly confidential, with speculation, but they have to be admired for accomplishments.

Rhythms - 450+ laid off

Protecting the cash as subscribers pass 67,000

They raised $1B in 2000, giving them the cash to continue through 2001 and well into 2002 after these cutbacks. 4,000 of the quarter's 20,000 new customers were line-shared, lowering costs, and a major expense - market development funds to attract customers - has been eliminated. Yearend 2001 target is 175,000 lines, while capital expense in 2001 will drop to $75M. They will cut to 40 markets, although details on how this will be done are still to come.

Winfire gives Rhythms extraordinary quality ratings

Chad Steelberg told us they are having remarkably good results with the lines they are installing through Rhythms. To enable the video and other profitable services, they constantly test line speeds, and found the lines faster and more reliable than the telcos. In addition, where speeds weren't holding up, Rhythms quickly upgraded to solve the problem. We previously reported  Rhythms designed to a higher level than others, including a very low 4-1 oversubscription ratio for business lines. Winfire's monitored lines confirm they are delivering as promised.

Actelis: too fast to be true?
"copper performance to fiber-quality speed and reliability"
Actelis claims they "radically boost the speed, range, and reliability of copper to achieve fiber performance and quality in the local loop." That seems so unlikely that we have chosen not to report about them previously. They have given neither concrete facts nor performed demonstrations. We include them now only because some serious people are signing on, including Marty Kaplan, chairman of JDS Uniphase as a director; Paul Fagan of Fujitsu as VP sales; and Ben Hsu of Next Level as VP operations. Gallagher's doing the pr (they played a critical early role for Redback, Copper Mountain, Tollbridge, and Zhone) and investors include New Enterprise Associates, U.S. Venture Partners, and Walden International. Several companies (Voyan, Bandspeed, Paradyne) have publicly or privately demonstrated increased performance/reach, and every chipmaker is working on improvements in noise reduction, echo cancellation, and other signal processing. But these efforts are targeting 20-30% better results, not the order of magnitude suggested by Actelis.

$300M U.S. Government DSL contract
GSA deal covers the military as well
GSA Federal Technology Service Solutions in Oakland led the contract negotiations, along with the Boston office, in a contract Paula Shaki Trimble in Federal Computer Week believes could go as high as $300M over five years. Agencies will be able to order through a portal, from vendors to include: CAIS, Computer Support Associates, Comtech, Focal, GAITS, Integrated Technologies, Net Connection, Netifice, Network Access Solutions and Omega Consulting.

Incoming:
  • Brett Sheppard of Nortel just sent an email that we were wrong when we wrote "Nortel has no way to meet sales goals through CLECs", and we questioned Nortel's (and Lucent's) expectations for CLEC sales. He replied "You're off the mark This week's announcement is part of an ongoing effort to focus resources on high-growth businesses." He gave us some facts that suggested how well Nortel was doing, including the IMAS/Promatory DSLAM internationally. We'll have more next issue, when we know how much is on the record. But we believe international CLECs will have to cut back as well, and note that Versatel just decided to hold off on DSL in England and France. The difficulty in depending on CLEC business was confirmed by an industry CEO. "Let's face it, the CLECs have failed, and we need ILEC business," he had emailed a few hours earlier. Neither he nor we believe, of course, that all CLECs will fail - but we think it will be very hard to build a Nortel-sized business by concentrating on CLECs. We now expect less than explosive CLEC growth, but hope Nortel, and others, prove us wrong.
  • Thanks to Mark Peden, who was the first to point out we called the T1E1.4 committee by the wrong last number.
  • We agree with J., who wrote us T1E1.4 committee is the right place to develop a standard to minimize repeater interference. But we strongly disagree with J's conclusion the telcos should wait before beginning testing of repeaters. Between 15% & 30% of the US is not being served because of a distance problem; SBC is legally committed to universal service, and that is good business for the other telcos as well. Telcos have every reason to support research and begin testing, the sooner the better. If the telcos - 90% + of the likely customers - don't get involved now, the products may prove uneconomical to develop, and too risky to invest in.
Briefs:
  • Qwest signed a deal with NorthPoint and New Edge to charge $4.89/month for shared lines.
  • Folks at 2Wire, returning jubilant from winning awards at CES, came back to discover more than two dozen colleagues laid off, presumably because ISPs are taking their time about actually ordering gateways from anyone. Brian Hinman says it was a very hard decision, but "Better to do a layoff with plenty of cash in the bank than wait until you don't have any." They have $20M on hand.
Products:
  • Netopia TER/XL is an add-in security module designed to do IPSEC and Triple DES at line speed for $399. They also introduced
  • General Bandwidth announced the GenView Element Management System, to control their VoDSL networks.
Chips:
  • Broadcom announced the BCM5840, a single chip IPSEC security processor that can run at  2.4 Gigabit per second. The price of VPNs is due to come down.
International
  • Japan will go to fiber, rather than DSL, according to Sony's Idei. DSL Prime, despite our name, agrees fiber is the right decision for an affluent nation, and believes the US telcos are making a mistake not moving to it faster. But we have strong confirmation that several hundred thousand lines of DSL equipment are on order in Japan, and suspect that Japan will also grow rapidly in DSL, at least for several years.
People:
 
  • Mark Emery, from Lucent AGS and Carrier Access, is now SVP for R&D at CopperCom, and Steve Gaynor is VP for market development.
  • Doug Broad moved from Lucent to Celox Networks, where they are working on an switch designed to handle 6 million simultaneous connections.
  • Jef Raskin's "The Humane Interface" went into a revised 3rd printing, and is now available in six languages. Since he left Telocity, he reports having "more consulting requests than I can take" and now a column in Forbes ASAP.
Stock Market:
  • J.P. Morgan and Salomon Smith Barney were forced to postpone a $2B Genuity offering, which received unattractive ratings. Backbone providers have also not been kindly treated by the market - imagine the Genuity price if PSI is used as a comparable.

Headlines Jan 15, 2000

  • Standing ovations at Kennard's last hurrah
  • ADSL works fine at 24,000 feet - with a repeater
  • Share that DSLAM! The Judge says unbundle
  • Sue the bankers!
  • Casualties: Darwin, Nortel's CLEC strategy, Bazillion, Motorola CopperGold 
  • Briefs: Verizon ISP pricing, Covad, Rhythms, Apple's new DVD writer, Sharegate, 2Wire, Motorola, Copper Mountain,  HarvardNet,  Alcatel, Avaya/Paradyne, Telocity, Nokia Norway, Rhythms Canada, France Telecom, NorthPoint, Esat, Thailand, Michael Gulett, Richard Borbon, Jack Reily, Phil Anshutz, Redback

“We must bring the benefits of the Digital Age to all Americans, from the business districts to the barrios; from those with every advantage to those with disabilities; from the young to the old; from suburban enclaves to the rural heartland.”  Bill Kennard. Others talk about serving everyone - he worked hard to deliver it, and will be badly missed.

NorthPoint faced a January 11 deadline for an absolutely essential loan. Because they released no news, we fear the worst. Say it ain't so, Liz!

We also have confirmed several major DSLAM manufacturers have lowered their production forecasts for the first half of 2001. In addition, with chips in good supply, selected customers, especially in Asia, are being offered much better deals. The industry is still growing rapidly, but not at the extraordinary pace some expected. We will have more details when we have on-the-record sources.

Two items from last week require correction. We did not mean to suggest Efficient had lied to Wall Street, as might be inferred from the way we wrote an article about five companies that disappointed investors. It was bad editing and simply a mistake. We may also have had some facts wrong about Verizon's pricing to ISPs, with a note in briefs below, but we're waiting for details.

San Jose's SUPERNET this week look to be an interesting show, from the SUPERCOMM people. We'll miss it, but will attand DSLCon Global in Hawaii early in February, and visit San Francisco mid February as well. Say hello to the round fellow with a beard and the irrepressible Jennie Bourne.

DSL works fine at 24,000 feet
Tracy Starnes using Symmetricom repeaters at Chester Tel
Starnes, Assistant Plant Engineer, lives 24,000 feet away from the nearest connection, an AFC remote terminal, so he took the opportunity to beta test the new unit. He's getting 3.9M downstream and 492K up, in a binder with 100 pair and other DSL connections. One happy user, of course, is not the same thing as a rigorous trial. We're optimistic the technology will prove out, if not necessary this particular unit, because Stanford Professor John Cioffi (who invented DMT coding) and T1E1.3 stalwart Tom Starr both think ADSL repeaters can work. We are amazed the telcos aren't jumping in to test the equipment; based on our understanding of the bill of materials, this or 2Wire's similar unit would be affordable in telco quantities. In many cases, it should avoid the need for a DLC.

SBC & the FCC can't ignore the Telecommunications Act
Judge Silberman insists on resale of DSL
The court says the law is clear: DSL should be subject to the same rules that require the telcos to share services. Unbundled elements and resale of telco services are likely new tools for competitors as an Appeals court orders incumbents to share all facilities  - presumably including DSLAMs - and offer their services at wholesale rates. Judge Silberman found that separate subsidiaries were not sufficient to bypass the Act. Rather, the subsidiaries were "successors or assignees" of the telcos, and regulated.
    Nothing's likely to change until after months or years of appeals and proceedings. Under the law, the FCC can "forebear" from requiring unbundling, but that would require a finding of public interest, inherently implausible as a waiver would reduce competition and presumably raise prices. Telcos will argue they will be inhibited from investment in broadband if required to share, but that's unsustainable on the facts. Telcos throughout the world are investing in DSL whether or not they are given a protected monopoly, because they project DSL will be profitable as an additional service offered by incumbent carriers. It's a no-brainer for a telco to do 60-80% DSL coverage.
     The FCC cut a deal with SBC to allow the Ameritech merger to go through. The FCC got a commitment that SBC would provide broadband to every customer in their territory - a universal service commitment fulfilling public policy. SBC also promised to compete in thirty markets across the US, and accepted several other goals. In return, the merger went through and they got the monopoly they wanted on certain DSL services. But Silberman called the deal "legal jujitsu", and vacated it.
    Judge Silberman is a conservative Republican who appointed Ken Starr and is unlikely to be over-ruled by the Supremes. His wife's "Independent Woman's Forum" led the attack on Bill Clinton. Arch-conservative Richard Mellon Scaife provided $450,000 to fund IWF, described by the Boston Globe "In the marketplace of ideas, from the national news media all the way down to local radio, the IWF has shown its real strength... [The] IWF is well on its way to becoming the foremost media nemesis of the feminist movement"

Sue the banker!
Log On America goes after Credit Suisse for $100M
Companies are going broke because they counted on the next round of funding being there, and the internet takedown has killed that dream. Entrepreneurs are adults, responsible for their own decisions, but it is incredibly seductive when the financial experts from Morgan or Goldman look you in the face and assure you they will be able to raise hundreds of millions for you. Company after company is failing today, having expanded too much, and raised too little capital, usually relying upon assurances from the best and brightest of Wall Street. Many will be cheering LOA for striking back, even if their chances resemble Don Quixote's. Rarely do bad judgements on Wall Street give rise to successful suits, and "malpractice" standards do not apply. Fine print in contracts protect the investment firm against even the most egregious mistakes. Fine print doesn't always hold up in consumer cases, but businessmen raising millions presumably are bound by every clause. LOA has additional claims of Credit Suisse self-dealing (their subsidiary apparently took most of the issue), and DSL Prime has not examined the case closely enough to report on its merits.
     But whatever the merits, many are cheering on the "little guy" against the banks, who always make convenient targets.

Tears and standing ovations for Kennard
He cried as staff and reporters cheered
Bill Kennard is the most extraordinary individual we've met in telecommunications, with integrity that withstands severe tests. At a Credit Suisse conference this spring, he followed Nacchio, Whitacre, and a dozen other very smart CEOs and analytically outclassed them all. They all looked at the effect of industry trends; he instead looked at how underlying changes would create new trends. He'll stay in Washington, in a special program sponsored by the Aspen Institute. His immediate priority is "to get some rest and spend some time with my 10-month-old baby who really needs a little bit more of my time." Reed Hundt, his predecessor, found remarkable opportunities after leaving office, and we hope the same will be offered to Bill Kennard.

Casualty List:
Darwin: $91M September wasn't enough to keep them out of Chapter 11
Vulcan Ventures - Paul Allen - was one of the investors that doubled up their bet on regional DSL provider Darwin, and Pat Mulloy was promoted to CEO with a turnaround order. They cut more than half the staff, shed healthcare and kiosk divisions, and focused on basement DSLAMs and commercial customers. Cisco is owed $15M, and Tut $3M, per Bill Wolfe of the Louisville Courier-Journal. Elastic Networks had been a major supplier, but they were not referenced in the news article and UBS reports they had cut their exposure.
Vendors "CLEC strategy" is failing, as Nortel's layoffs demonstrate
Joe Roth, Nortel's CEO, replied "We're not interested in customers who have trouble paying their bills" when we asked him about troubled CLECs. But beneath the top management level, his company's main strategy in telephony equipment has been to increase sales among the CLECs, most of whom are struggling at best. Short of taking more financing risks (they have $100's of millions at stake in companies like Log on America and already faced major writeoffs at Prism/Comdisco), Nortel has no way to meet sales goals through CLECs. Facing that reality made this week's layoffs almost inevitable. Lucent is in a similar bind, still aggressively courting CLEC sales with diminishing return and increased risk, although Lucent's Stinger DSL unit is optimistic about avoiding the worst.
Bazillion strands 5,000 in Seattle
Saturday, suddenly 5,000 folks found themselves shut down, in some cases also losing phone service provided as part of a bundle. Hicks, Muse  did not deliver an expected financing round, and with no money the company suddenly shut down, recommending folks contact Speakeasy or Covad directly.
Motorola CopperGold Chipset
It was probably the most exciting of the early DSL chipsets - if they could deliver what they promised. The brochures were gorgeous, and the specifications excellent. Unfortunately, the final product was so late they won very few customers, and now are discontinuing development. Motorola has a separate group that is producing DSL soft modems - maybe they believe the customer side won't need chips at all. They also cut 2,500 employees today.
Chapter 11 isn't the end
Smart lawyers know that if trouble is inevitable, filing Chapter 11 as early as possible is usually the right move. But companies fear the stigma, and go to great lengths to avoid it, typically wasting the assets that would give them a chance to emerge. The court and the law tend to strongly favor the debtor, in the hope of allowing recovery. Debts are frozen, which means payables are deferred while receivables roll in, giving a quick cash hit. Contracts can be abrogated, such as colos, network backbone, or obligatory investments. Flashcom, for example, looks to be winding up its affairs and liquidating; if it had moved earlier to the 11 filing, with more cash in hand, it would have had six months or a year to recover.
Jump.net absorbed into Allegiance
They were feisty, leading the price drops amongst ISPs and being the first to rail against both telcos and CLECs who didn't live up to service promises. But 15,000 customers are not enough to be economical in today's climate, so they accepted an offer from national mega-CLEC Allegiance.

Briefs:

  • Pete Castleton of Verizon wrote that ISPs are actually getting a better deal in the new pricing, and that our report, and source, were inaccurate. The intent of the new pricing was definitely an improvement in the ISP deal, he added, and the handful adversely affected would be assisted. We're sure the facts he's giving us are accurate, and we suspect the discrepancy is because we're comparing today's margins against margins offered a year ago, before the merger and some price changes. We suspect the problems we reported developed later in the year, but we missed the changes before this article. Errors help no one, which is why we sent the source article (from the respected DSL Reports) to Verizon for comment before we wrote.
  • Covad still has an ISP problem, with one-third of lines classified non-revenue, despite the good news of good news of 274,000 lines in service, (half business and half consumer.) Only 3 percent were sold direct, which explains Covad's latest 400 layoffs and virtual dismantling of the $200M BlueStar acquisition. 17,000 line shared lines proved that program is finally moving. But payment problems now affect 92K lines and 19 ISPs, four of whom filed for bankruptcy. Because of ongoing disputes with the ISPs, most have not joined the "Safety Net" program.  Until Covad comes to settlements with the ISP, it's impossible to calculate the ultimate fiscal effect, or whether even larger provisions will be needed.
  • Rhythms in Massachusetts won the right to place line cards in Verizon DLCs, split lines with others besides Verizon (if the customer, for example, buys local service from AT&T), and have lines conditioned without charge.
  • Demand for bandwidth will probably be stimulated as more users have the practical means to store videos. A step towards that future came with Apple's new DVD writer, included in the top line model and available for less expensive units. David Pogue reports Compaq is the next customer for the Panasonic built DVD writer. More backbone, anyone?
  • Pleasanton, in the East Bay, is the home of Sharegate's new California office.
  • CES “Best of Show” for Home Data Networking went to 2Wire, showing their new 802.11b wireless gateway. 2Wire has inspired the industry with the promised extra video and commerce features of their box. Cayman has shipped more units, however, and folks like Sharegate and Broadband Gateways are also close to market. Thompson, Sony, Panasonic, and Motorola have products coming as well. The result is prices coming down (including a large drop from 2Wire.) 
  • Some HarvardNet customers were left stranded when Verizon cut off the lines before the date HarvardNet had reported to customers.
  • DSL.net is looking to rapidly build its customer base, buying some from Exario (which is focusing on large VPNs instead) and participating in Covad's SafetyNet.
Products:
  • Copper Mountain dramatically extended the possibilities of their DSLAMs with the 12 port CopperEdge T1 Line Card, designed to enable service beyond SDSL limits. List price is $9,995.
  • Motorola's StreamMaster 5000 set top box was another hit in LasVegas. Enron/Blockbuster is using it for the Video on Demand trials in New York and the West Coast. The trials are small, but the partners (Verizon, SBC, Covad among them) have the potential for a massive deployment after the kinks work out. Missing, however, are most movies; Blockbuster hasn't been able yet to persuade Paramount to join in widely, although they are both parts of Paramount. The music folks are supporting Napster, now - Divx and other compression will make movies easy to copy as well, and it's time for the studios to get their heads out of the sand.
Deals
  • Alcatel continues to win new business from Telus & BellCanada, who have installed over 200,000 lines of DSL.
  • DSL, contrary to previous assertions, needs security, and not just a casual warning on the web page. SBC has made a deal to distribute McAfee software, while Sprint is selling Norton. Telocity instead uses the Nortel/Shasta central system to provide a firewall, and charges users an extra $10 for bundle with security and home networking.
  • Avaya told us they entered a new partnership with Paradyne after a careful evaluation found the GranDSLAM particularly easy to install and manage.
  • Telocity first intrigued us because their plans were to be much more than "yet another ISP", planning a home connection with advanced video and networking features, plans deferred as they built the ISP. They just announced a visionary move, working with Inari on a home network over AC power lines. Sprint also sees home networks as a crucial part of the service, delivering a HomePNA system today and announcing a wireless one for the near future. 
International
  • Nokia won the DSLAM contract from Telenor of Norway.
  • Rhythms Canada has DSLAMs in 127 central offices, with 1,300 subscribers in Toronto, Montreal, Ottawa and Hamilton.
  • France Telecom's Wanadoo began an aggressive new sales campaign.
  • Bilsa began video over DSL trials in Ankara, Turkey, with mPhase equipment.
  • NorthPoint, short of cash, sold its half of a Canadian joint venture to partner Call-Net for $5.3 (U.S.). Liz Fetter was very clear about the cause of the sale. “Verizon dealt us a crippling blow when it unexpectedly terminated our binding merger agreement six weeks ago, which we believe was a breach of Verizon’s agreements with NorthPoint." Our analysis of the suit last week was that no one could be certain until the jury came back, but each step like this raises Verizon risk of consequential damages. On the other hand, we have no signs whatsoever that Verizon is seeking to settle, or that NorthPoint can hold out long enough for the case to come to trial.
  • Esat, Irish Independent, is testing DSL with the hope of offering service starting in April. Incumbent Eircom is one of the last of the EC companies to unbundle, and rates for competitors are generally prohibitive,
  • Lenso DataCom and United Broadband Technology are now serving hundreds of customers in Thailand.
People:
 
  • Michael Gulett, president and COO, has left Virata. The announcement gave no details on his new position, nor did it include the usual gracious statement from someone leaving "to pursue other career opportunities".
  • Richard Borbon, was the IDSL product manager and helped launch NorthPoint IDSL in all LEC territories, seeing the IDSL business grow from 3% of total lines to about 25%. Now he's the Product Manager, Broadband for PCTEL. He's working on the host signal processor-based (software) V.90/ADSL combo PCI card, and hopes the soft modem allows bundled DSL to become standard equipment on new PCs.
  • Jack Reily joined Efficient as EVP, corporate development, and Clyde Musgrave As CTO as Bruce Brown builds his team.
  • Phil Anshutz, controlling Qwest stockholder, just bought most of the debt of Regal Cinemas, and looks to take control. Qwest is the most logical buyer of a DLEC, because they intend to build a $3B national CLEC and have the best use of the equipment and colos. Joe Nacchio agreed with this conclusion, but replied "the price can go even lower" when we asked if they would buy Rhythms, Covad, or NorthPoint. He (and others) are presumably looking at such a cutrate deal, paying off the bondholders in part and the stockholders minimally. A deal like that (including a chapter 11 filing) is the most plausible result if a big DLEC runs out of cash, but we cannot confirm NorthPoint is about to announce such a deal, as rumored.
Stock Market:
  • Solomon Smith Barney pointed to Rhythms and Teligent as potential problems for the banks owed money.
  • January 10  CIBC downgraded Redback, and the same day Robbie Stephens raised their rating. We're glad not to have make a call, because Redback's future depends on the success of the new optical equipment, just starting to ship, and we have no idea how to value a new product in a new market. The current subscriber management units have been remarkably widely accepted, but subscriber management is becoming a feature of other network equipment.
  • UBS Warburg lowered estimates for Cisco, ADC, and Nortel telecom sales, confirming our conclusion at top that DSLAM sales growth has slowed, although we do not have information on the same companies.
In the works: "Deregulation is a colossal and dangerous failure" Gov Gray Davis of California, as lights go out in Silicon Valley. Will this prove true in telecom as it has in electricity? **  We welcome contributions to the article "100 words of advice to the FCC".  ** The next Voice over DSL News is well along (coming 1/27), with an delightfully clear piece on channelized voice from Jim Sackman of AFC at http://www.vodslnews.com/a/Sackmanchannelized.html.

From Judge Silberman:

251(c)(4), requires ILECs "to offer for resale at wholesale rates any telecommunications service that the carrier provides at retail to subscribers." Section 251(c) also requires ILECs to negotiate in good faith, to provide inter- connection with other telecommunications carriers, to provide unbundled access to network elements where technologically feasible, and to allow physical collocation of equipment necessary. The Act defines "advanced services," regardless of transmission medium or technology, "as high-speed, switched, broadband telecommunications capability that enables users to originate and receive high-quality voice, data, graphics, and video telecommunications using any technology." DSL is clearly included.

It did not limit the regulation of telecommunications services to those services that rely on the local loop. For that reason the Commission may not permit an ILEC to avoid s 251(c) obligations as applied to advanced services by setting up a wholly owned affiliate to offer those services. Whether one concludes that the Commission has actually forborne or whether its interpretation of "successor or assign" is unreasonable, the conclusion is the same: The Com- mission's interpretation of the Act's structure is unreasonable. * * * * The order of the Federal Communications Commission is vacated.

AT&T emphasizes that the affiliate markets the same category of services to the same body of potential customers as did SBC/Ameritech.

The Commission is thus using the successor and assign limitation as a form of legal jujitsu to justify its relaxation of s 251(c)'s restrictions.

Complete text at
http://laws.lp.findlaw.com/dc/991441a.html

Headlines Jan 5, 2000

  • SBC's 200 COs in BellSouth and US West
  • Soft modem at Vegas interoperability demo
  • Who makes money as products become commodities?
  • Investor Relations 101 - Don't lie to Wall Street
  • Verizon price increase to batter ISPs
  • @Link's big Winstar deal
  • Briefs: Earthlink, Broadcom, Alcatel and ADI chip leaders, Agere/Lucent Microelectronics Linux, LSI Logic/Datapath, Billy Tauzin, Mike Powell, Blair Levin, T. Curtis Holmes, Next Level Denver, Everest Broadband 50M, SBC/Prodigy

"NorthPoint is on the brink of disaster in a life-or-death situation.'' Barry Sullivan, NorthPoint's attorney, reported by Bloomberg

NorthPoint decision time is at hand. Cash on hand will run out within weeks. Between Friday and Wednesday NorthPoint will either receive $160M from a temporarily blocked credit line with Goldman Sachs, CIBC, CSFB and a consortium of lenders or face imminent Chap 11. NorthPoint is supplying weekly cash numbers to the banks and paying $575,000 for Ernest & Young and Shearman & Sterling to document to Goldman that the terms of the line of credit have been met, and the funds must be released. Copper Mountain this morning lowered income, because of fear of NorthPoint non-payment. The Verizon lawsuit is still arguing jurisdiction, and unlikely to help in time.

    Meanwhile, NorthPoint is spending more money on T-3's and other network expenses than they are receiving in revenue. They could drop virtually the entire headquarters, eliminate interest payments and still be cash-negative for the year.  The business must get cash. We hope they make it: honorable outfit, and the longterm fundamentals remain attractive.

SBC's 200 COs in BellSouth and US West
What will they do with NAS COs?
NAS is worth a fraction of SBC's $150M investment, so they just received 200 COs as a sweetener for converting into near worthless stock. Most of these are in major business markets - NAS planned 500 COs in 2001 in cities including Atlanta, Miami, Memphis, Louisville, New Orleans, Seattle, Phoenix, and Denver. Whitacre convincingly asserted this Spring that  SBC intended real nationwide deployment, not just a minimal satisfaction of Ameritech merger requirements, but they've done virtually nothing before now. NAS was promised SBC business in Verizon territory, where they have 500 operational COs but fewer than 10,000 customers. Officially, SBC can tell us nothing about plans for the spaces "all we're saying now is that we are still determining how best to use them". SBC general policy is to tell the press as little as possible for a public company. The pr people are cordial, but we wonder about a corporate strategy that amounts to making press coverage as difficult as possible.

Soft modem at Vegas interoperability demo
DSL Forum proves everyone can work together
70% of modems in new computers are primarily "soft modems", using the system processor rather than a dedicated DSL chip. That's clearly the future - 5 or 7 years from now, DSL modems will probably be built in and minimal hardware. Motorola is bringing that closer, with a sample unit that passed interoperability testing at the University of New Hampshire and is included in the DSL Forum CES demonstration. Standards this time are higher than at SUPERCOMM in June, with more extensive testing, but the results are the same - the equipment works together, and the show demo is truly impressive. Also big at the show will be home gateways (2Wire is showing wireless and voice, Motorola the set top box used by Enron/Blockbuster for VOD, and way more we'll report next week as the show announcements come in.
Who makes money as products become commodities?
Soft modems will reduce the DSL chip market substantially in several years (PC Tel is also close), but we believe the key business issue in 2001 will be competitive pressure dominates. A worldwide chip shortage held back supply, but UMC now takes big ads in EET promising fab capacity now. So margins will predictably erode as prices come down, while every vendor who doesn't want to sell at rock-bottom prices needs to differentiate. There are differences in reach in chips and modems, which increases the number of customers served, and of course some vendors give better support and prove more reliable. But everyone is struggling up the food chain to gateways, voice, integrated functions, and the like, as the prices of ordinary equipment are likely to plummet. Great for the consumer and DSL provider, allowing an increase in volume. It's too early to predict whether larger sales will make up for slimmer margins.

Investor Relations 101 - Don't lie to Wall Street
Even the best of analysts (and journalists) are highly dependent on management's projections, although we try to watch customers, suppliers and the industry as well. Journalists rarely lose their job for poor forecasts, but analysts do. Anything that makes them doubt management's full disclosure scares them, and hurts the company more than the bad news itself. Carrier Access shot themselves in the foot even more dramatically, releasing bad news 8 p.m. Friday before the holiday. One top analyst downgraded them heavily, assuming if they were burying news, there was even more to hide. BellSouth and SBC took hits a few weeks ago around their lowered projections because the explanations when implausible. (Increasing DSL shouldn't cost BellSouth that much, while being behind in Ameritech region construction is a typical ordinary problem, not a special one-time item.) The result: much of the street is coming to believe, as we do, that telco earning growth in the teens is unlikely, and management will have more shortfalls to explain.

Verizon price increase to batter ISPs
GTE outsold BellAtlantic because of ISP ties
Verizon will impose an increase systemwide on ISP charges, which will be especially acute in GTE territory. Two-thirds of GTE's subscribers had come from outside ISPs, a key reason GTE had twice as many DSL customers as the much larger Bell Atlantic, whose efforts were 70% short in 1999 and 30-40% short in 2000. The new prices will be as high as $35 for a service that Verizon sells itself, including ISP charges, for $40, according to DSL Reports. Like Bell Atlantic's previous pricing, it favors Verizon's data subsidiary and AOL, while effectively putting out of business most of the competition. The margins provided their data sub are twice that offered the average ISP - an effective way to promise open access in DC but not deliver it. We are disappointed that FCC leaders, well aware of the situation, have chosen to fight other battles.

@Link's big Winstar deal
Telco quality ATM backbone wins big voice deal
"We're now fully funded through 2001" a happy Monish Kundra reports, as Winstar's  Bill Rouhana wrote us " VPN capabilities will help us lower our costs in serving off-net customers and focus more on driving on-net business. @Link is a well-funded new player with a management team that understands the local communications marketplace. " Alex Good, once senior at Bell Atlantic, leads that team. They've built heavily in Ameritech, with ambitions beyond, but like so many have had to cut back in the last few months. Winstar has recently raised the better part of $B, as Credit Suisse doubled up its investment and Microsoft came along, and looks to save money buying long term capacity, creating a virtual IRU with attractive asset accounting.
     Winstar did a through investigation of deliverable VoDSL, and told us that reliability was critical to them. We've been wondering since the spring "what ever happened to VoDSL", as none of the big players have moved in; a vote of confidence from Winstar would have been a strong endorsement. We hear rumors that the VoDSL equipment itself is proving out well in the field, but the DLEC networks are not sufficiently robust, but have not been able to confirm that.

Briefs:

  • Kudos to Mike Lunsford of Earthlink, who gave a straightforward and honest answer when the Contra Costa Times inquired about local service problems. "It's a funky problem that we have our hands around, and the problem is in its death throes," Lunsford said. "We almost have it whipped. We will find a way to reimburse all of the customers who have been affected. This is entirely on Earthlink's shoulders." Customers prefer honesty, we believe, not the typical deceit and fingerpointing typical of service problems. We've personally recommended Earthlink, not least because our own service has gone done once in six months - when a telco tech cut the line. Netopia, Earthlink, and Covad have proven rock solid for us.
Competition:
  • Broadcom Corp introduced for CES a single-chip digital set-top box. Their purchase of E-14 will help them move from cable to DSL, and many of their large cable box customers have been eyeing the DSL market.
Chips:
  • Year end DSL chip sales will show Alcatel with a major lead, and ADI is probably second. Globespan is the largest of the independents, and the most visible.
  • Linux support in home gateways is the latest offering from Agere/Lucent Microelectronics. Ucentric Systems of Massachusetts is the first customer announced.
  • LSI Logic/Datapath introduced a combined analog front end/line driver that operates at 5 volts and has very low noise. It's 14 bit linear and -160 dbm, excellent performance for the $12-14 price quoted. But we are very skeptical of LSI's claim this will increase servable homes by 30%, because other sources of noise in most environments are more significant. We'll wait for field results, although we predict a 10-20% total increase in reach from multiple technologies.
People:
 
  • Billy Tauzin took the Chair of the House Commerce Committee, with particular close ties to BellSouth and other telcos. The New York Times reported he "raised millions of dollars and threw lavish parties at the Republican National Convention" to get the job. The end of reciprocal compensation is step one, and bills to eliminate FCC review of long distance are likely from the committee.
  • Mike Powell received support from John McCain, chair of the Senate committee that would confirm him if he chooses to take the FCC chairmanship.
  • Blair Levin, former FCC chief of staff, joined Legg Mason, who have a strong telecom analysis group.
  • T. Curtis Holmes from Lucent takes over as COO of Metasolv.
Stock Market:
  • Where and how will Motorola recognize its $6B loss on Next Level stock , or SBC its several hundred million on its investment? Presumably, buried on the balance sheet - but in Moto's case, that's enormous in proportion to reported earnings.
  • Next Level surprised with lower sales and a writedown of inventory, but UBS Warburg reports Qwest is installing VDSL in parts of Denver, and we've previously reported Qwest's Nacchio comment that he expects to move heavily in VDSL when Motorola delivers the next generation of equipment in mid-year.
  • Everest Broadband, a New Jersey BLEC, raised $50M from Philly utility Exelon, Pequot Capital and Softbank. They are looking to buy competitors.
  • SBC added three captive board members at Prodigy, and provided a $100M line of credit. SBC now has a consumer deal with Prodigy, separate business deals with NAS and Covad ($600M), and 200 of their own COs out of district.

Dec 29, 2000

What if NorthPoint beats Verizon?
Covad, NTT ready for Japanese breakthrus
British Telecom/Teradyne: testing adds customers
VersaPoint deal killed by NorthPoint's $ woes
"Covad will face a class action suit"
Old FCC blocks Verizon LD in Mass for competition
Casualty list - some fatal

  •      JATO "We are terminating service in all locations shortly
  • Westell warns on sales
  • ECI cutting 300 as IPOs flounder
  • Picus: Nokia financed the equipment, but no one paid for operations
  • Digital Broadband drops 450 people
  • Maverix.net, DSL.net, Merrill Lynch, Intel

Telocity/Hughes to become giant DSL ISP
Inadequate service costs Telia 3G wireless license

The AOL settlement - an editorial

  •       Make history by opening access to content     
  • Prevent discriminatory pricing locking out competitors

Briefs: Rhythms, Verizon, longrun telco financial crunch, consumer DSL needs volume, Ameritech slowdown, Covad's cheap business service, Symmetricom testing, BellSouth & Sprint fiber going home, Nebraska Central Telephone, Westell's modem is a mini-router, iMagicTV/Advanced Fibre, Alcatel 7300, Jetstream/Pine Tree, Accelerated/Siemens/Winstar, Paradyne/Sierra Telephone, MegaPath/Telocity, Iceland, Telecom Italia, France Telecom, RCN cutting, AT&T $2B loss on @Home, Tioga, line driver power coming down, Proxim/Virata HomeRF. Chartered Semiconductor, Ron Cates, Mike Borsetti, Mark Housman, Dave Farber, ITXC, analyst's clash on telco prospects, Ciena/Cyras and Redback's challenges, Hawley's Gluon, VoDSL in New York, Netopia's cash trove

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"Poof! Smart investment ideas go up in smoke, as market tumbles. Uncontrollable, indefatigable, unreasonable, outlandish exuberance" Wall Street Journal

Enjoy your holidays, and sorry for an issue that's long even after we dropped the ads at the end. We've been on hold, confirming the facts on Verizon/NorthPoint.

Verizon, late November, was facing a $400M loss if they completed the NorthPoint deal - and a contract that did not give them a clear way out. DSL Prime believes they gambled that a weakened NorthPoint could not defeat them in court - or at least that the case would drag on for years without affecting them directly. But if the jury believes they wiggled improperly, the sky's the limit on damages. (Long article at end).

DSL subs in the US will end 2000 at 2.2 or 2.3 million. Korea will be way 1.5M, and the rest of the world is racing to catch up in 2001. That's 400% growth this year, and it will more than double in 2001. DSL remains a great industry and great place to work, despite financial problems.

SBC's $20B market drop last week dwarves even a $B judgment. DSL delays were a small part of the explanation. We could pretend to be prophets, having four days earlier told a NY Times reporter about the underlying pressure on telco finances, but that was just a coincidence. We've amplified below our August analysis, that telephony is a slow growth business and aspiring to double-digit returns cracks the system.

A correction: Rhythms deferred paying a dividend, it did not default. Karen Breen's letter below.

Covad, NTT ready for Japanese breakthrus
41% Covad owned ACCA key NTT partner
"Our Japanese customers are ordering like mad!" Laurie Falconer of Centillium writes. (They have the first chips appoved for Japan's "Annex C" standards, designed to minimize ISDN interference.) Few homes are lit so far, but competition is getting fierce enough that NTT just dropped prices 20% for DSL. They also been ordered to reduce charges 20% for lines to competitors, and line share costs almost in half to $3 or less. Sumitomo has a new DSLAM, Xpeed is selling modems to eAccess, Siemens is delivering DSLAMs to Right Access in Tokyo, and Sony is leading All Planning, a $300M webcaster. The fewer than 10,000 customers at the beginning of 2001 will be hundreds of thousand by yearend - possibly more. Prices are settling at Yen 5,000-7,000, about 20% more than the US, but a great bargain compared to former ISDN rates. (10 million subscribe to ISDN, whose rates are dropping dramatically.)
Tokyo Metallic and eAccess have ambitious plans to install DSLAMs, but the volume leader undoubtedly will be telco NTT, which sells DSL to retail customers through NTT Communications. NTT Communications will offer one plan reselling NTT East and West DSL services, but in most major cities will emphasize a slightly cheaper plan from ACCA, owned 41% by NTT and 41% by Covad, which is supplying operations support. Along with hundreds of thousands of customers, that affiliation connects Covad with NTT, which invested $5.5B to buy Verio to expand its US base. Affiliate NTT Docomo is also a major AT&T investor.

Teradyne: testing adds customers
13% more customers, 20% fewer problems
British Telecom has ordered $6M of Teradyne test equipment after a large trial proved testing saves money. It also prevents angry customers, saves reputations, and is essential for mass deployment. The best way to solve the "DSL Hell" image problem is to reduce installation difficulties, and testing the lines to prevent problems is a key step. Teradyne's Celerity works from the CO, and is one of a new generation of single-sided test units.

DSL Prime believes the US situation is no longer an inability to meet demand, and the heavy telco advertising now being used to attract customers confirms that. So there is now a business case to serve folks beyond 12K feet, the arbitrary cutoff often used to minimize possible field problems. Testing which lines will work cuts field costs dramatically, while increasing the servable customer base 20-25% (lines testing green beyond expected lengths, plus lines that would have been arbitrarily rejected below 18K) db 12/20/00

VersaPoint deal killed by NorthPoint's $ woes
What hope is there for Euro competitors?
For seven million euros, Versatel bought out NorthPoint's half-interest in their joint venture that is actively lighting COs in Germany and Benelux. The deal required NorthPoint to make a 25M euro further investment, and apparently no one thought a share in one of the most advanced Euro CLECs was worth investing in. Malaga and Borsetti spent months in Europe planning the network , and the payment is pennies on the dollar for NorthPoint's investment. A top industry consultant speculated this morning the European CLECs are dead; we hope he's wrong.

"Covad will face a class action suit"
Struggling ISPs fighting back
Covad has legal and moral obligations both to partner ISPs and endusers, and the
"Safetynet" clearly hasn't resolved the problems. Consumers with $49 dollar contracts were offered a switch only to more expensive services tailored to business (DSL.net and InternetConnect among them) instead of the more appropriate service Covad is selling through Fry's at $39. Because Covad has not been able to resolve issues with ISPs, some endusers looking to transfer are confronted with warnings that suggest they may be liable for damages. Others, whose ISPs are attempting to re-organize under Chapter 11, Covad is not trying to take. NorthPoint choose to protect their endusers, purchasing accounts from ISPs in trouble and easing transfer; Rhythms according to Barry Diamond of Internet Express, was also "totally professional, and took care of the customers properly".

Diamond is working with other ISPs to former a stronger, merged organization going forward, and meanwhile trying to deal with the problems of his Covad-served customers. Like many ISPs, he's invested heavily in acquiring and installing the customers, an asset that would have been worth hundreds of dollars each not long ago. (Dial-up ISPs sell for more than that).

Like Telocity (which plans to lose $400/customer in 2001), he absorbed early losses and is in trouble because financing has dried up. He had tried to negotiate with Covad to continue, but Covad's settlement, structured to maintain an asset on Covad's books, were impractical for him. He also blames Covad for part of the problem. "We absorbed exorbitant setup fees, paid nearly three times normal cost for a connection and purchased a great deal of specialized equipment." He sees the SafetyNet as "an effort to get around Covad's agreement not to contact ISP clients directly. " Covad is at now at odds with several of the ISPs, and Barry is not alone in predicting suits against them.

Old FCC blocks Verizon LD in Mass for competition
$6M fine for SBC - but will W's FCC go along
"The Bush administration should bring kinder and gentler regulation of the RBOCs", per Dan Reingold of CSFB, but until then 271 long distance proceedings are the best way to pressure the telcos. Verizon's million LD customers in New York alone provide about as much revenue as all the DSL customers in the system, so holding up LD is the best lever the government has. Kennard made clear Verizon will succeed next time, if they open a little to the competition. "Verizon came close to meeting this standard in Massachusetts. ... The company needs to address the following issues that have been raised in this record:
·         Non-discriminatory provisioning of loops used by competitors to provide advanced services;
·         Improved access to the systems and information necessary to order loops used to provide advanced services; and,
·         Pricing of elements used by competitors, which reflects forward-looking costs"
The key thing competitors didn't get is requirements for regularly measuring Verizon performance and automatically enforcing the agreement. Provisions like that from the Ameritech merger led to a fine of $6M for SBC. Mike Powell, presumed next FCC Chairman, believes in less stringent government regulation. But he also believes in creating competition, which in the real world will require tight controls on the telcos. We expect him to prove a surprise.

Casualty list - some fatal
JATO "We are terminating service in all locations shortly"
They started as an alternative to US West, then attempted to go national. Both efforts failed, and their alternate strategy, regional service, wasn't sufficient. Painful to see them go - they some good people on staff. We received a call this week looking for a purchaser of Copper Mountain DSLAMs, new and like-new - guess we know from where now.
Westell warns on sales
The Chicago snow hurt, but the real problem is slow going at British Telecom and (not announced) SBC. Westell should learn from Covad's new policy, to give lower estimates and sometimes beat them, which has worked very well for Microsoft as well. Their chip supplier Virata will take a hit in sales as well. Anton Wahlman of UBS raised the interesting question, will Fujitsu (who is OEMing Westell DSLAMs to British Telecom) back away from the market. Their US customer, GTE, is shifting away, and they've failed to win any other large contract.
ECI cutting 300 as IPOs flounder
With the IPO market virtually dead, ECI may gain little from the plan to break into five companies, raise more cash, hold on to employees with stock options and up the stock price. So they are resorting to layoffs as well, per The Marker. An engineer-rich telecom manufacturer, they supply DSLAMs in Germany and modems in France.
Picus: Nokia financed the equipment, but no one paid for operations
A year ago, Picus had some of the most ambitious plans in the industry. Today, unable to obtain financing, they filed for chapter 11. "Telephone customers are urged to move to another carrier as soon as possible to avoid the chance of lost service during this process. Cavalier Telephone and Stickdog Communications have agreed to convert customers at no fee". Last year, we reported on a company with a mission. "Peter Cousins of Picus told DSL Prime about his company's goals. "We're proud to be pioneers, because we know what new technology enables. We've already opened Clarent gateways for VOIP in New York, Madrid, Milan, and Lugano, Switzerland. We'll bundle multiple lines of local voice, 500 minutes of long distance and 384/128K DSL for around $100. 27 COs in Hampton Roads open in October, and we expect to be in 160 cities by 2001. Nokia isn't just providing equipment, but also the expertise to install and manage our growth. The deciding factor was field experience." CopperCom provided the VoDSL gateways.
Digital Broadband drops 450 people
HarvardNet dropped DSL two weeks ago, and now competitor Digital Broadband cut back 80% and filed a bankruptcy petition. Peter Howe in the Globe reported they had only 650 DSL customers, although they serve over 300 central offices. 2,000 HarvardNet customers and hundreds of COs of equipment are up for grabs, including Harvardnet's New York facilities. Financial losses are faced by venture capitalists, including Boston's Thomas H. Lee and Boston University's endowment fund, and had drawn down $70 million from a $100 million credit line from Cisco. Cisco issued a warning on customer debt problems, but these and others may drive the actual writedowns well above the reserves already taken.
Also-
Maverix.net, in the Midwest, immediately laid off 80% of their employees and expected to be out of business shortly.
DSL.net expects 13,900 lines in service at yearend, doubling next year. That's a modest goal, as they are adding customers from Covad's transfer program are building a substantial Covad resale business and actively looking to acquire customers from others. They have stopped their network build, and are taking a writeoff to cover cutbacks. David Struwas projects cash on hand will cover into the fourth quarter of next year.
Merrill Lynch will probably fire 8-10% of the research staff, per the WSJ, while Bear Stearns and Prudential have already cut dozens, amid a 40% drop in broker profits. Richard Strauss of Goldman Sachs told the WSJ "Either the business has to get better, or investment banking for telecommunications and the internet is an area that's ripe for reduction." Early 2000 results were so strong bonuses should be good this year, but new hires should be few, and cutbacks on the way. Wall Street is not a gentle place - when profits go down, heads roll.
Intel's venture arm is losing money in Flashcom, Copper Mountain, ITeX, and Covad. Boston University's endowment is facing losses in Broadband Digital. Investment firms like Madison Dearborn, Hicks Muse and Whitney have major exposures in DSL, while Morgan Stanley and other Wall Streeters confront losses so large they don't want to talk about them.
DSL Prime knows we will be reporting more "casualties" as finances hurt; we'll also be reporting that the underlying business will be doubling over the next 12 months.

Telocity/Hughes to become giant DSL ISP
GM money, 10M Direct TV customers, national video play
One solicitation to Hughes's customer base and Telocity's biggest problem will be how to service the volume of orders, which they expect will top 150,000 in 2001. Patti Hart intends to solve that by "embracing all the providers - BellSouth, Verizon, SBC and the CLECs." and with GM's money behind them they are prepared to lose $120M in 2001 building that base. DSL stock prices have gone down so much, companies looking to expand will often buy, not build. The $180M buy instantly gives them a high-speed service to offer their 10M video customers, to complement the two-way satellite service they are about to launch.

Qwest is another company likely to buy; purchasing any of the DLECs would be cheaper and faster than building their planned CLEC network. Joe Nacchio didn't disagree when we asked him two months ago, but pointed out "They could get even cheaper." MCI backed away from a Rhythms purchase because the debt load was too high; Nacchio may be waiting for a chance to buy NorthPoint or Rhythms from bondholders. But Rhythms has cash on hand for another year.

Telocity is currently spending $400 to acquire each customer, including $200 for the home gateway they provide each customer. That box, whose cost should go down, allows one of the industry's first effective value-adds, a $10/month package for security and home networking with a high take rate. Partly because CEO Patti Hart is from Sprint and enthusiastic about telephony, we've been looking to Telocity for wide consumer Voice over DSL. They will have an offering soon, but Hart emphasized unified messaging (answering, forwarding, fax, email package) will come before a full residential telephony, to avoid the need for lifeline service. They are in a trial with an interesting home video company, Villa Montage, which will continue after the Hughes deal.

Telocity has some of the best customer policies for $39 residential service. They offer static IPs, require no contract, and provide a modem with video and networking ready to go. They are providing a new modem to all the Phoenix residential customers they've just taken from Megapath. All of this costs money in the short run, but in the long run should lower churn and especially marketing costs.

Inadequate service costs Telia 3G wireless license
Sweden insists on universal service
Incumbent telcos around the world have taken for granted their continued licensing, and with impunity ignored the service goals of their nation. Largely because of limited coverage plans, Sweden ruled the Telia application inadequate, and gave 3G license to competitors (including innovative high-speed provider Bredband.) SBC is committed to 100% broadband coverage in one third of the US, demonstrating universal service is practical for DSL/broadband as well, and DSL Prime urges regulators to demand it. Verizon has confirmed positive value add delivering DSL to at least 85% of homes, and we believe over 90% can be profitably served. British Telecom, BellSouth, and Qwest are insisting they require subsidies to serve that many customers, feeding at the public trough for what rational businessmen would do even without incentive. In addition, they've convinced a few well-paid legislators (Dingell, Tauzin, McCain, Moynihan) to propose eliminating key long distance and competition rules, to give them "incentive" to serve a smaller proportion of their population than GTE had planned without subsidy or government mandate.

The AOL settlement - an editorial
Make history by opening access to content
Bill Kennard asked whether "open access" included caching servers at the edge, at the open hearing on the AOL merger. We believe the answer should be yes, and the AOL/FTC agreement provides a framework to enforce that in its provision that all ISPs be given the same access as AOL to the cable structure. If AOL wants to offer video, therefore, which requires edge servers, then other ISPs can offer similar to Akamai, Digital Island, Enron, Real and Cisco's content delivery networks, and even the proposed Kendra public network.
The key freedom of speech issue of the next decade is access to the broadband internet, the way new programming can be brought to tens of millions of Americans. But the "closed garden" of the cable world - and the shutdown of ABC on TimeWarner networks - points to the danger, that only channels who cut deals with the cable/DSL networks will get carried. Simply enforcing "truth-in-advertising" laws is the one way to discourage gatekeepers on the broadband internet, and the AOL settlement points to another.

Video cannot flow freely on the internet backbone, because it requires megabit speeds and the backbone for the likely future does not reliably run more than 200-300K. This means that video must be accepted at the edge of the network, without obstacles or tolls. AOL, SBC, Verizon, and the cable companies have claimed they deliver speeds of 640K to 2M to the internet - but they cannot honestly make that claim unless they are prepared to accepted traffic at that speed, and existing laws allow government to challenge fraudulent claims. Unless they are willing to run corrective advertising ("All our speed claims are from your house to our nearest equipment, not your speed to the internet as we implied."), they should offer a network designed for the promised speeds. The internet was built on open peering, not the "closed garden" of the cable world, and the only way to deliver the promised last mile speeds is to accept traffic at your edge at those speeds as well.

Prevent discriminatory pricing locking out competitors
Pricing designed to essentially exclude all but a few large ISPs can defeat the goals of "open access", as already has been proven by Verizon/Bell Atlantic, followed by SBC. The telcos talk about "open access" and "choice of ISPs" but establish a de facto "shared monopoly" with selected peers. Verizon's tariff allows their own captive subsidiary and two or three peers twice the operating margins offered to the average ISP. For the typical $39 residential customer, Bell Atlantic allows its own subsidiary a $13 margin and the average ISP $7. BA's "independent subsidiary" is sustaining heavy losses at that price, and nearly all independents are eliminated. The result is clear - over 90% of BA customers go to three or four ISPs, and we believe the vast majority are retained by BA. If AOL and the other cable companies are allowed similar pricing, most ISPs are dead, and "open access" will be include only a few "oligarchs."

In the works: Enron/Blockbuster begins a 1,000 home trial of video on demand, while Intertainer and Villa Montage have different approaches; Jim Sackman of Advanced Fibre explains the advantages of channelized voice, Gilder "Teleocosm" buy the book for the great gossip, DSL gateways, video, and the DSL Forum at Las Vegas CES

Incoming:

·         Karen Breen of Rhythms wrote "Dave, a correction on your Rhythms commentary. Rhythms did not "default" on its "Series F" deferred dividend payment. We are permitted under our Series F agreement to defer the dividend and allow it to accumulate. A "default" would imply we were not permitted to defer the payment and in fact we are. Please note this correction to your readers. Thank you." Words like that are legally important, and we should have been more careful.
·         "My service stinks! Why don't you write about how incompetent this provider is?" is a note we got this week and often previously. They were writing about a large telco, but two weeks before the subject was a CLEC. DSL service provider difficulties are so common, unfortunately, that they no longer qualify as news. We report them, usually briefly, but often enough that several companies believe we criticize them excessively. Actually, we're gentler than their own people, off-the-record.
·         "Verizon shows what quality means" was our headline that confused several readers. We applauded them for fulfilling 97% of orders in 3 days and answering 97% of calls in less than a minute - in their Florida telephony service. We urge Verizon - and everyone else - to meet similar standards for DSL, and to be as comprehensive providing the metrics to prove their quality claims.
·         "Rhythms, we're happy to report, hopes to cut back sufficiently without resorting to layoffs." was our story, after the company firmly denied the rumors we had heard. But the mail to us disagreed "Wrong! I was a victim with about 40 others who got laid off in November." was one note. Chris Hardman of Rhythms replied "Rhythms is not going through a major reduction in work force, nor have we done so in the past. ... That said, we are continually looking for ways to improve our productivity and align each element of our organization to better meet our business goals. ... we do eliminate positions from time to time as we find ways to do the job better with fewer people. ... This ebb and flow of people, both coming in and leaving Rhythms, has been and will continue to be an ongoing part of managing our talent pool, which we believe is one of the best in the industry."

Briefs:

·         DSL Prime readers should not have been surprised by the SBC and BellSouth problems. In August, we wrote "The major telcos in the United States have made unreasonable projections of income going forward, and will have to struggle to meet the numbers and eventually hit crisis. At some point, probably not immediately, the street will be stunned and disappointed, as recently happened at Verizon. Local service prices will go down with competition, LD rates are plummeting, and basic growth is unlikely to continue at three and four times the growth in the economy. We have seen this reflected in consistent underinvestment which will ultimately catch up with them. Symptoms to watch will include overstated writedowns." The proof is the massive service problems, (not just DSL, as SBC's disasters in Ameritech territory prove, or the very name, US Worst). Many telco folks have confirmed that cost cutting is excessive since we first wrote this, and four of the five US telcos (including AT&T) have since disappointed the street, citing "temporary" or "one-time" problems. Look for telcos to use all their political power to raise local rates (Qwest has already filed in Colorado), and an attempt by Dingell and Tauzin to let them into long distance, nominally to provide an unneeded "incentive" to install the DSL already in their plans. Wall Street demands numbers, and Whitacre's compensation is tied to the stock price they are trying to defend. But telephony is a declining business, where demand is flat, costs going down and if there were competition prices dramatically going down. DSL, wireless, and data services should be competitive, without monopoly returns. So sales & profit growth, longterm, should be in the range of economic growth (2-6%) plus at most a small premium. Instead, seeking double-digit growth, AT&T blew tens of billions overpaying for cable companies, while the baby bells have allowed service to deteriorate so badly their reputation - and long run competitive position - is at risk.
·         "Everybody loses their shirt at $40, even the telephone companies," Elizabeth Douglas accurately quoted us in the LA Times, but we'd like to be clear we expect that to change. In telco volumes, with costs coming down, we think Bell Canada's $26 (US) price should be profitable. Patti Hart of Telocity reported her average bill is over $40; she expects the base price to plummet, but additional services, including video, to maintain the total. A drop to $30/month is the internal projection at SBC and AT&T, depending on the market. With ten of thousands of customers, you lose your shirt at these prices; in the millions, a well run operation with added services should make money. ·      http://www.latimes.com/business/cutting/features/lat_dsl001221.htm
·         Ameritech's problems getting remote terminals into the field were reported a week before the company announcement by David Rohde in Network World. This is the third time this year Rohde has been first in the national press with a major DSL story. He scooped us again! Carol Wilson of the Net Economy also had a nugget: Covad's McMinn said that with line-sharing they can and will offer a business service at $60-80 per month. The informal, opinionated style of The Net Economy is a pleasure to read, especially compared to the barely rewritten press releases some outfits present as "news".
·         Symmetricom is testing their repeater technology, good to 30,000 feet, at Chester Telephone. The telcos are already planning to use repeatered G.shdsl to reach business customers four and five miles from the CO; we surprised they are not at least actively testing the similar ADSL techniques. Experts tell us they can work, and our close look at the manufacturing costs of the units suggest that the prices will be reasonable - if the telcos buy in quantity.
·         Domestic partner benefits have been added by BellSouth because "we wanted to make sure we do everything we could to attract and retain a talented and diverse work force" Nechole Merritt said. They were the last of the Baby Bells to make the move. BellSouth folk will now be welcome at the best parties in their headquarters town, very gay Hotlanta.
·         BellSouth's $375M writeoff was only for their wireless TV to homes, and specifically did not cover their fiber links, which they are rumored to be expanding. Sprint - which is the telco to 8M homes as well as a long distance company - also is believed to be buying fiber to the home/curb gear.
·         Kudos to Nebraska Central Telephone, which makes DSL available in all its offices, including those too small to pay for a DSLAM. Jason Roblyer, Network Manager, explains "We have been able to quickly and easily deploy single DSL lines using inexpensive point-to-point products from Net to Net."
·         Westell's modem, widely deployed in BA and SBC territory, can be upgraded by software to a mini-router for home networking, and Westell has begun advertising the $50-100 upgrade.

Deals:

·         iMagicTV will work with Advanced Fibre for video servers, which may or may not become part of SBC's Project Pronto. We continue to be amazed that SBC is installing remote terminals with only limited video capacity; we wouldn't want to go before the SBC board in two or three years explaining that expensive upgrades are needed because the company saved a very small amount by underspecifying the Alcatel and AFC DLCs. In contrast, Alcatel's new 7300 DSLAM - soon going into wide deployment in SBC, Verizon, and BellSouth - can deliver two megabits, non-blocked, to every port - enough for a separate stream of video to every home. Alcatel's deal with CoolCast is just the first of many video services Alcatel (and their telco customers) will have available.
·         Earthlink knows Macs count too, and has arranged for free Norton Personal Firewall software for Mac customers.
·         Pine Tree Networks, in northern New England, will deploy Jetstream VoDSL equipment starting in January.
·         Accelerated's Siemens connection came through, signing Winstar to Accelerated's largest contract yet. Winstar uses microwaves and fiber to reach the building, and Accelerated will supply the basement DSLAMs and CPE.
·         Paradyne Networks is selling DSLAMs to California regional Sierra Telephone.
·         MegaPath and Telocity are now working together, with MegaPath emphasizing business customers and Telocity individuals. Simone Valle would not release financial details, but MegaPath had thousands of ex-Phoenix residential customers to place and presumably is offering a generous commission on business accounts in return. MegaPath's business model is for well-paying, well serviced business customers, and they've delivered above-average service. Taxin believes in frequently emailing the customer during the wait for installation, with clear explanations of what's up. (Earthlink and Sprint have told us they are doing the same, dramatically reducing customer service calls.)

International:

·         Iceland will be ahead of the US in delivering video over DSL, as GMi Digital, working with PixStream, plans to start service.
·         Telecom Italia officially launched their ADSL service. Suppliers have been asked to quote on over a million homes worth of equipment.
·         DSL on the French Riviera? Absolutely, and with strong promotion from France Telecom, which is promoting the 40 euro 500/128K service throughout the country. ECI and Alcatel provide the equipment, and ISP charges are extra. Thanks, F. for the tip. Next - when will FT start installing the 100,000 lines of VDSL it tendered for?

Competition:

·         Powerline connections - fast internet over your power cable - have been coming soon for a long time now, with disappointing trial results to date. But Cisco's investment in Cogency suggests they think the time is near.
·         RCN will cut 70 jobs, about 1% of the work force, and essentially stopped their network build, as they lost $110M in the quarter and see future financing a problem. Winstar, Teligent, and RCN are far more advanced than any DSL companies serving in-building clients. They are smart, exceptionally well-backed companies, but they are all in severe financial problems, which cast a pale on their DSL equivalents, the BLECs
·         AT&T is looking at a $2B loss paying Cox and Comcast for their shares in @Home, whose stock has plummeted almost as fast as the DLECs. They are trying to pay with cable properties instead of cash, as their cash position is so low they dropped the dividend.

Chips:

·         Power is critical to DSLAM design, so Tioga's Tom Sennhauser comment in EET "new generations of line drivers about to hit the market should consume half the power required by current devices" is welcome. He just introduced the PeakADSL octal central-office chip set, sampling in January, with a late 2001 price target of under $20/port. Tioga, recently spun off from Orckit, is looking for additional customers.
·         Proxim and Virata released a reference design for a HomeRF gateway, while ishoni and Centillium offer a design utilizing ishoni's "gateway on a chip". Both confirmed to us bills of materials between $100 & $150, including telephony and home networking, heading down in the course of the year. Jeffrey Schlesinger of UBS Warburg reported the cable guys are choosing HomeRF, including Scientific-Atlanta and Motorola, who produce 95% of the settop boxes. HomeRF is currently cheaper and has built in telephony, the future cable revenue source. Most of the telcos and DSL providers, especially in Europe, are leaning towards 802.11b, but still undecided.
·         Singapore's Chartered Semiconductor, third largest foundry, warned of reduced demand for chips going forward.

People:

·         Ron Cates moves to Vice President and General Manager of Conexant's Broadband Access Business Unit, soon to be spun off to a new company. Ron started in optical transmission at Vitesse, fell in love with DSL technology in 1993, and has been in DSL ever since. He writes "One thing you learn about in the optical backbone business", he said "is that without a viable fat pipe into the premises, the prospects reach an asymptote." Conexant has delivered millions of SDSL and ADSL chips, and is close to market with a hot G.shdsl chipset.
·         Mike Borsetti who played a crucial role building NorthPoint and VersaPoint, most recently as VP, Technology Strategy, is now independently consulting. He'll continue spearheading the standardization work at the DSL Forum (where he is Marketing Chair of the VoDSL working group) and serving on the Board of the International Softswitch Consortium. Mike tells us "I am excited at my new role, since as a neutral party I can help the DSL industry develop the uniform, interoperable end-to-end QoS solution without which there will be no revenues from advanced services. After all, nobody will pay for content or a phone call if they get disconnected every time the neighbor's kid fires up Quake, and with the increasing success of DSL this scenario is becoming very real".
·         Mark Housman may provide some of the tools for that QOS, now that he's become VP of Marketing iPolicy in Fremont after leaving Paradyne.
·         Dave Farber, CTO of the FCC, was appointed a Fellow of the ACM. He'll be returning to full-time teaching at Penn next month, and has promised a report on what he learned in government. Numerous others are looking to leave the FCC - some of the smartest people in telecom are coming available. Bill Kennard is the great prize - his presentations at industry events have made it clear he understands the industry as well, or better, as the top CEOs.
·         Worldwide internet telephony enabler ITXC's COO John Musci will leave the company in February, while Eric Weiss, Steve Ott, Tom Shoemaker, and Luis Machuca move into leadership. Founder (and ex-Microsoftie and AT&T exec) Tom Evslin believes "We see enormous potential from both our phone-to-phone business and the new e-calling services that enable communications better than on the PSTN".

Stock Market:

·         The current market cap of NorthPoint ($50M) and Rhythms ($60M) is considerably less than even the cost of developing their operations system. The price only makes sense if the companies are overwhelmingly likely to reorganize and wipe out the stock value, and they have little hope of recovery. We cannot agree with those conclusions - but never read our notes as a suggestion to invest.
·         How should an investor decide? Top analyst Dan Reingold of CSFB thinks the telco fall presents "a nice buying opportunity in all 4 stocks." But Frank Governali of Goldman was quoted in the WSJ questioning telco stock prospects "the strong recent stock performance is not sustainable." He told us that statement should be placed in context, referring to the relative performance of the telcos, not their absolute price.
·         Chip stocks recovered recovered some, but have been battered. We were one of the first to point out that production limits had been holding up prices and that foundry capacity now coming available will probably lower prices. But some perspective required: demand for DSL chips will increase 150% next year, despite CLEC problems.
·         Goldman Sachs, Merrill Lynch and Salomon Smith Barney, combined, were not strong enough to launch the IPO for interactive TV provider Diva.
·         Ciena spent $2.6B to buy optical component maker Cyras, and the market drove Redback down several billion. Redback has a franchise in subscriber management systems that control DSL networks, and a customer list that includes almost everyone in the industry. But the $10B market cap was based instead on the prospects of Vivek Ragavan's optical products, which are in very early trials. The market is betting, heavy, that Redback's optical units work as promised and become a blockbuster product, so they were spooked when well-placed Ciena jumped in as competition in the optical space. The longrun market for "subscriber management" is very unclear. The equipment on both ends of the Redback are racing to eliminate it. Rick Gilbert of Copper Mountain points out their DSLAM's "IP IQ" can deliver the critical functionality of the current Redbacks - his speech at the UBS Forum could have been called "Who Needs Redback?". Alcatel and Cisco promise similar functions, incorporating more into the DSLAM in each CO. At the pop, Zhone is close to delivering a "does-everything" box, incorporating "subscriber management", voice gateways, and more into the switch itself, and their Xybridge purchase adds softswitch. George Hawley writes his new company, Gluon Networks, will also offer a "does-everything" in the near future, and George's track record (Diamond Lane, Bellcore, Dr. Switch) makes Gluon a company to watch.
·         Analysts following DSL are invited to join an April 25 panel at the New York Voice over DSL conference. The guest list is already interesting, including the CEO or CTO of Centillium, 2Wire, Telocity, Jetstream Communications, Tollbridge Technologies, Mpower Communications, TdSoft, Network Telephone Corporation, Sharegate, General Bandwidth, with more signing up. Contact Dave Burstein daveb@, who resolves to make this one of the most interesting shows of the year.
·         Netopia's S-1 reported $59M in cash and virtually no longterm liabilities, or nearly as much as their $63M market cap. This is not a buy recommendation.

What if NorthPoint beats Verizon?
A billion dollars at stake
No one can reliably predict this one until the jury comes in, we believe after reading the contract and briefs. Clearly, we and others made a mistake accepting Verizon's Nov. 29 claim "Verizon's obligation to complete the merger was conditioned upon NorthPoint's business, operations and financial condition each remaining materially the same as they were at the time the agreement was signed. " The actual contract severely limits Verizon right to terminate or back away from the transaction. A "material adverse event" might give them grounds, and the writedowns caused by financially troubled ISPs were well publicized. But

  •         the contract specifically excluded from the MAE clause, "facts, events, changes or effects that are generally applicable to (A) the data industry, (B) the United States economy or (C) the United States securities markets generally or the Nasdaq Technology Index in particular". Obviously, data industry problems and the NASDAQ drop were a major part of NorthPoint's problems. NorthPoint will contend the ISP problems were a reflection of the general problem. Because Covad, Rhythms, 20 or so visible ISPs, @Home, Lucent, and so many others have had severe problems, Verizon will have a burden to show NorthPoint's problems were unique.
  •         Other provisions spoke of termination only if the problem "is incapable of being cured by NorthPoint prior to the Termination Date" - August of 2001. The key "new" event - nonpaying ISPs -may very well be cured by transferring customers to better-paying ones, including GM/Telocity and Microsoft. This clause clearly gives NorthPoint the opportunity to resolve certain problems; Verizon contends there is no way to cure a MAE that "shall not have occurred" and hence this does not apply. The contract has careful provisions for a $100M payment if NorthPoint accepted a higher offer, fraud or deception, government blocking the deal, or either party not fulfilling the requirements of the deal. But the clauses invoked appear contradictory, probably drawn by an attorney grabbing boilerplate off the shelf, for clients who had no thought of breaking the deal in this fashion.
  •         Is it material? $11-20M (our estimate for the extent of the loss) is significant in comparison to current revenues, but 1% of Verizon's own valuation of NorthPoint at 2.3B. NorthPoint's plan to transition customers to stronger partners has a good chance of success before the deadline next August, rendering long term damage to NorthPoint insignificant. Legal definitions of "material" may be a question.
  •        As we've previously reported, Verizon should have had at least some knowledge before signing the contract of the ISP problem. They presumably examined the quality of the receivables as part of due diligence, and had direct experience with several of the ISPs. Verizon had its own contract with Flashcom for a million lines.

NorthPoint has a clear plan to transition the ISP lines to financially sound ISPs and minimize the impact. Bob Visse of Microsoft was on the phone when the Verizon announcement came over, and confirmed to us they would be expanding their NorthPoint line count. Microsoft's ability to pay is clear. Very few of the endusers - the actual paying customers - have cancelled, and are likely to continue providing revenue to NorthPoint. Beyond that, the value of NorthPoint to Verizon was not the customer stream or ISP relationships in any case, but rather the network, operations system, and management. That's because Verizon itself was expected to generate at least 75% of the customers of the combined entity, just as now they have more than five times the subscriber count. There is no question about Verizon.net's ability to pay their bills. The result: probably well over 95% of the customers of the combined entity would be from ISPs able to reliably pay - the ISP problem was not material to the future of the merged entity.

The "cure" clauses suggest that Verizon would have been smart to give notice to NorthPoint of the issues and worked to resolve them. Such discussions apparently did not take place - as the deal was terminated, senior staffers from both companies were in a meeting actively planning details of the future entity.

Why Verizon terminated
Verizon clearly had many reasons to want to cancel the contract, starting with a $500M dollar loss they would suffer based on the decline in the DSL stock prices. By the end of November, they could buy all of Rhythms, a comparable network, for a third of the $1.3B they were offering for just 55% of NorthPoint. But if, as NorthPoint claims in their brief, they wanted to terminate for "extra-contractual reasons", it was clearly prohibited.

Verizon was under tremendous pressure to find a way to get out of the deal. Merrill Lynch was telling Wall Street Verizon was canceling, and the WSJ was reporting the rumor. Liz Fetter of NorthPoint was told us at the time Verizon had not informed NorthPoint of any such plan. The two were actively planning future co-operation, including a meeting in San Francisco as Verizon at a high level terminated the deal.

Verizon separately purchasing One Point, who delivered data through basement DSLAMs instead of COs, while improving management of their own DSL division. Veronica Pellizzi, with a strong operations background, moved to the management of Verizon DSL, and the GTE folks, who had a much more successful deployment, assumed a greater role. Verizon moved rapidly on their plan to install DSLAMs in virtually every CO, so the NorthPoint equipment in one-third of the nation was virtually duplicated Verizon's own. (NorthPoint's Copper Mountain equipment has an ADSL option, while Bell Atlantic's Alcatel equipment will soon offer symmetric G.shdsl.)

NorthPoint's hard choices
NorthPoint's stock was valued at $1.5B in August when the deal was made, and is less than $50M today. They will require several hundred million in 2001 to cover the losses as the customer base grows, money Verizon committed to provide. They were forced to lay off over 20% of their workforce, and their cash on hand, without Verizon's $200M January payment, is not enough to last through February. A $160M bank line would carry them into the second quarter, if the banks remain willing to disburse the funds. They were just forced to sell their European operation at a giveaway price.

How much is involved?
Peter Thonis of Verizon told us "We were within our rights to terminate the agreement in accordance with the contract." But if they weren't the damages could be immense. A company valued over $2B in August is now struggling to avoid bankruptcy, losses a jury could choose to reverse and possibly add to punitively. A related antitrust suit, that the telcos are blocking competition, is strongly backed by mountains of documentation already on the table at the FCC. A similar mountain of telco defenses is ready, but the treble damages of antitrust may escalate Verizon's risk.

Our opinion
This is the hardest article we've written, and we thank all those folks who gave us off-the-record comments. Frankly, we are humbled by writing about a case of this magnitude, especially when the attorneys we contacted strongly disagreed. DSL Prime's first draft of this article speculated that NorthPoint would probably win if it got to court, based upon court filings and statements by Verizon and NorthPoint. Peter Thonis of Verizon, with guidance from their attorneys, responded with specific facts that persuaded us to rewrite the article in terms of uncertainty, and we thank him for the extra help - even if the piece is now much less dramatic. We urge all readers to remember we may be interesting journalists but issues like this require more than a journalist's skills to find certainty.

Ivan Seidenberg, Mike Malaga, we urge you to settle this amicably. With funding, NorthPoint will play a strong role in one of the world's fastest growing industries. Verizon, by settling, buys insurance against a loss in court, and frees years of financial statements from a major uncertainty. Verizon has not completely backed away from its plan to grow out of region, and so Verizon can steer that work to NorthPoint (like the Covad/SBC deal). Genuity, Verizon's future subsidiary, also resells DSL, and provides backbone connections NorthPoint needs to purchase. NorthPoint, alive, can again be a valuable partner; crushed, it has no choice but to build the court case.

Key clauses:

Section 8.3 Additional Conditions to Obligations of Verizon. The obligations of Verizon to effect the Merger and the Asset Contribution are also subject to the fulfillment of the following conditions:
,,,
(g) Material Adverse Effect. There shall not have occurred any Material Adverse Effect on NorthPoint.
-------
Section 10.4
(k) "Material Adverse Effect" means
(i) in the case of NorthPoint or Parent, any fact, event, change or effect having, or which will have, a material adverse effect on the business, operations, properties (including intangible properties), financial condition, assets or liabilities of NorthPoint or Parent, as the case may be, and its Subsidiaries taken as a whole, but shall not include facts, events, changes or effects that are generally applicable to (A) the data industry, (B) the United States economy or (C) the United States securities markets generally or the Nasdaq Technology Index in particular, nor shall it include any fact, event, change or effect caused predominantly by Verizon's involvement in the transactions contemplated by this Agreement;

9.1
(ii) by Verizon, (A) if NorthPoint shall have breached or failed to perform in any material respect any of its representations, warranties, covenants or other agreements contained in this Agreement, which breach or failure to perform (1) is incapable of being cured by NorthPoint prior to the Termination Date and (2) renders any condition under Section 8.1 or 8.3 hereof incapable of being satisfied prior to the Termination Date, or (B) if a condition under Section 8.1 or 8.3 hereof to Verizon's obligations hereunder cannot be satisfied prior to the Termination Date;


Headlines Dec 12, 2000

  • Giants are coming
  • Flashcom, Zyan, Relaypoint, Fastpoint broke
  • Covad's McMinn: "Blessed company, first profound test"
  • Vectris falters, Harvardnet flunks
  • Nokia Ramps
  • Catena raises $60M
  • Fire the manager! Andy May out at Paradyne
  • Verizon shows what quality means
  • Briefs: FCC's Rosenworcel,  Real/Microsoft/Sun improve streaming video, Intertainer/Play, BellSouth optical investment, Winfire/FreeDSL near 30,000, Zhone/Qwest, Viagate/Korea, AccessLan/Shift, Texas Pacific/ECI, Legerity's new CEO, Adtran needs DSL revenue, Teligent's expensive capital
"The investment future in technology is brighter than at any time in history." Tony Perkins, The Red Eye. We hope he's right!

     "No significant residential competition" is the future, according to two-thirds of the audience at the DSL Summit last week. Covad's slowdown in consumer confirms it. If they're right, the blunt conclusion is that US telecom policy has failed, because it requires effective competition. DSL Prime thinks giving up is premature, because at least five giants are unveiling major national plans.

Flashcom, Zyan, Relaypoint, Fastpoint broke
Covad reports Chapter 11 filings with more to come
No surprises, the ISP problems are well known. Chapter 11 of the US Bankruptcy Code gives a debtor great flexibility in reorganizing, and we hope they will successfully do so. The common wisdom in the legal profession is that companies make a terrible mistake waiting too long to file Chapter 11, because it suspends debts and requires approval of the bankruptcy judge for many actions, possibly including the transfer of customers to another ISP. Flashcom and Zyan have both told us they intend to emerge by concentrating on business customers, and we wish them luck doing so. Richard Rasmus told CNET he was forced to "monetize" the residential customers, selling those served by NorthPoint to Telocity and those at Rhythms to Earthlink. Covad, meanwhile, has introduced the "Covad Safety Net" to make it easy for customers to switch, apparently without any payment to Flashcom. We applaud Covad for taking care of consumers, but hope all legal rights are respected.

Covad's McMinn: "Blessed company, first profound test"
40% cut in next years' subs conserves cash, EBITDA + in 2002
"We have gone far beyond my wildest dreams when I founded the company. We been blessed from the beginning, are facing a profound test now, and will emerge stronger." Now, McMinn has must administer strong medicine. After adding 65K customers this quarter, and reaching 270K, they project less than 190K additional in 2001, predominantly business. McMinn told us they were going from 40% to 60% business customers. They've stopped their buildout, lowered capex $100M, intend more cutbacks beyond the 13% layoff, and ended market development funds and co-op advertising that have been the lifeblood of the ISPs. Equipment and installs will lose most subsidy, while they're actively pressing equipment suppliers for lowered prices. Despite that, new customer costs mean a first year loss, and hence encreased cash needs. They're going back to re-negotiate ISP contracts, and have placed on intense credit watch even ISPs current in their payments. 26% of accounts are in clearly troubled ISPs, 32% on watch. But McMinn projects 15 key (and timely paid) accounts are enough to meet his projection, with volumes expected from AT&T, Worldcom, Sony, Avon, Xo, and other "gold" resellers. Covad is actively looking to move customers from weak to strong ISPs.
     Consumers will be turned away unless Covad can lineshare, a policy they vehemently denied earlier, and most will self-install. DSL Prime believes Covad's long term business includes aggressive residential deployment and McMinn confirmed that. However, we believe the numbers imply Covad will take on very few individuals in 2001, primarily in support of a few key partners. McMinn projects a cash "burn rate" down to $60M/month, EBITDA plus by Q4 2002, no need for additional cash in 2001.

Vectris falters, Harvardnet flunks
Flood of failure not yet turned
Vectris layed off most of their staff home the moneymen pulled the plug. They had wired 155 cities in ten states from Texas to Michigan, delivering the business plan. But the DSL climate turned, and the money pulled.  Vectris, an Austin-based regional provider, that had $90M in financing, Cisco had promised $60M in financing, and VCs including Austin Ventures, Stolberg Equity Partners, Trinity Ventures, Lightspeed Venture Partners, and Weiss, Peck & Greer had pumped in $30M. Cisco can handle the write-off, if necessary, while other vendors (Efficient among them) have presumably smaller exposures.
    Harvardnet, with hundreds of COs wired on the East Coast, laid off most of their staff and got out of the DSL business. After their failed IPO, news has been hard to come by from these guys; in particular, they refused to release subscriber numbers. They started with bright technical folks and ambitious plans; the more "business-oriented" fixits brought in this year obviously couldn't solve the problems.
    At least 4 other providers face layoffs or worse.

Giants are coming
AOL, MSN, AT&T, Sprint, Worldcom, Earthlink on the move
Existing customers will purchase hundreds of thousands of lines as soon as the tap is turned on, and we believe it's being turned as we speak. Each company has a similar strategy - establish a national broadband footprint and sell broadband in volume as quickly as possible. All are technology agnostic, planning to use DSL, cable, fiwed wireless & satellite to reach homes, depending on what's available.  A 10% take rate for DSL from the ISPs below would be two million lines, and could be induced in less than a year; the long distance telcos, each with an internet backbone that keeps costs down, are five times as large.
     AOL is already distributing DSL self-install kits to computer stores around the country, and only the merger in Washington is holding back the big announcement, currently scheduled for next week.  AOL signed up last year for a million lines from both SBC and Verizon. Their 28M subscribers include one-third of the US internet - three-quarters cannot be served by Time Warner cable, and they will use DSL elsewhere.
    Sprint has bet the company on ION, which includes 800 COs of DSL with a big sales push coming in January. Key offering is data and two or four voice lines, with added value tiers at a higher price. DSL will be the main technology, although they are building out fixed wireless in some areas. Verizon has taken 1.5M long distance customers in New York State - Sprint has no choice but to deliver on advanced servers to make up for the erosion of their base.
    Microsoft is running TV commercials for the MSN/Radio Shack/NorthPoint deal, and tell us they'll move as fast as the industry can reliably deliver. Bob Visse's strategy to to expand beyond the MSN direct subscribers to the 210M around the world who access Microsoft on the internet. "Home networking is critical to our plans", which requires broadband, and they expect profits to come from added services: music, games, and telephony/integrated messaging. Last week, he strongly reaffirmed Microsoft's support of NorthPoint.
    AT&T, primarily a Covad reseller, briefed us early this year they intended to offer ubiquitous broadband in 2001, covering over 95% of the US. Covad is already seeing volume orders, and AT&T's strong presence at DSL events make their interest clear.
   Worldcom has extensively trained their sales force to sell business DSL, and has contracted with Rhythms alone for 100,000 lines. CEO Bernie Ebbers in June said 2001 would be the year, and back in 1999 said they would be competitive for consumers as well. 
    Earthlink has 100,000 DSL customers, making them the largest independent ISP, and are heavily advertising their quality support to win new clients. They also picked up Flashcom residential clients, and several other ISPs are looking to cut a deal. They inked a TimeWarner cable deal, and have added satellite, but expect 70-80% going forward to be DSL - if the industry can deliver (Pac Bell burned them bad this summer). 
      Sure, field problems continue, but the telcos have improved installs (unofficially, Verizon is at 3,500 a business day and SBC has hit ten thousand) as truck rolls become a feature of the past, with 90% customer self-install rates. Covad planned 90% line-shared self-installs by the end of December, and Rhythms & NorthPoint similar.  We urge the telcos to release customer service metrics, which we believe would confirm things are getting better. 

Catena raises $60M
Ex-Nortellians putting voice/data together from chips to systems
$60M from Goldman Sachs, with Berkeley International/London Pacific and Attractor Investors, proves that funding remains available for DSL companies. The money will support 175 engineers in Kanata, Ontario, including much of the 1 meg modem team. Steve Bauer reports "We are integrating POTS and DSL into the same data path -- thus eliminating POTS splitters -- and have more than 20 patents in this area." He believes Catena will require lower power and deliver higher density than others, like Infineon, developing "digital POTS Splitters." Key targets in the "post-DSLAM" era are the line cards in DLCs and the switches themselves. Reference designs from Infineon and Legerity already offer DSL + POTS in the same form-factor as voice-only cards; Catena is keeping most product details quiet for now, but is presumably heading for the same market.

Fire the manager! Andy May out at Paradyne
Building international, reorganizing
Losing sports teams fire the manager, whether or not he's the problem, and the trend seems to be moving to industry as well. Paradyne bet heavily on the success of Dreamline in Korea, who backed away from some of the world's toughest competition. US sales will be reduced by the failure of key customer Harvardnet and the end of the network build at NAS and Rhythms. Ultimately, that meant heads rolling in Florida. Paradyne's plans going forward include expansion internationally, where Paradyne already has a strong base, and focus on products for frame relay/SLA verification as well as DSL. Ever-popular Frank Weiner shifts to VP, Corporate Marketing and Advanced Technology, with Paul Floyd taking more responsibility for DSL and Scott Eudy international.  Paradyne has a rich history (including being an early home for many of the industry's managers) and a key product advantage - greater reach from their DSLAMs, as reported by customers in the field. COO Sean Belanger moves to CEO, while May remains as a "senior advisor" and board member.

Nokia Ramps
Secure routers and wide VAR relations purchased for $120M
In the US, Nokia has Covad (who just froze their deployment) and little else, but they are expanding rapidly around the world; in Europe their execs are pledging to rise near the top in market share. Nokia last year purchased George Hawley's Diamond Lane , and now has bought Ramp for a CPE product. Ramp brings a respected product, a wide VAR channel,  They have a gorgeous wireless home gateway just hitting the market, and their Rooftop distributed wireless system is a natural complement to fill in the gaps in a DSL service map.

Verizon shows what quality means
DSL service should match
Verizon/GTE proudly reports their services results for Florida telephony customers; we only hope that Verizon and others match these numbers for DSL:

Orders installed in three days --97.1 percent
Out of service repaired in 24 hours --97.1 percent
Customer Sales and Service Center answer time -- 97.2 percent of calls answered within 55 seconds

Briefs:
  • "All the FCC Commissioners believe strongly in competition" Jessica Rosenworcel of the FCC told an intensely interested audience at the DSL Summit in Palm Springs.  She urged the industry to get involved in crucial decisions that will shape the competitive landscape. In particular, she spoke of 251 (unbundled elements) as the rules of the game, and 271 (long distance approval) as the structured incentive, and pointed out several key issues the commission sought comment on. Article in next issue  - email the editor if you need a copy as soon as it's ready. Meanwhile, attorneys in the field should check the Texas long distance approval for a reference to line-splitting. A data CLEC can lineshare with an incumbent, but the FCC also addessed line splitting with a different voice carrier.
  • At Streaming Media West, Real is touting a new content delivery network standard (with Akamai & others), Microsoft introduced a new codec designed for decent quality full screen video at 500-800K, and Sun is leading an effort for a media format not dependent on either. Meanwhile, Intertainer, live in Cincinnati Bell with Video on Demand to a settop box, announced a deal with Into/Play for computer games on demand as well. NorthPoint is well along in broadband tests.
  • BellSouth invested $4.5M in Israeli optical switchmaker Sivcom. BellSouth is quietly making some interesting moves, including satellite broadcasting, internet switchpoints, and tripling DSL next year. Companies that followed the herd - like AT&T buying cable companies for market share - haven't done as well.
  • Winfire/FreeDSL is now delivering service through Verizon in New York, moving towards 30,000 subscribers by yearend. The majority choose the paid service at a higher rate. Watch these folks - they're building a more robust network than most, a strong OSS, and an operation strong enough they are signing OEM partners. In this stock market, of course...
Deals:
  • Zhone, the one-box-does-it-all folks, got a big boost towards their pending IPO from a joint development agreement with Qwest. They are in active trials with Birch and other smaller carriers.
  • Viagate hopes their distribution deal with Huneed in Korea will allow them to break into Korea Telecom's VDSL plans. Neither KT nor Hanaro have announced a second source to Next Level.
  • Calgary's Shift Networks ordered 50 basement DSLAMs from AccessLan, which flexible, inexpensive units.
International:
  • Israel's ECI Telecom, DSLAM supplier to DT, is close to selling a telephony division to Texas Pacific, parent company of Paradyne and Globespan, according to Haaretz/The Marker.
People:
 
  • Legerity, the AMD spinoff with interesting voice + data chips in the pipeline and an Alcatel license, named Ron Van Dell CEO. Before a stint at Dell Computers (not a relation, we believe) he was vice president and general manager for Harris Semiconductor’s communication business.
Stock Market:
  • Adtran's earnings shortfall (down over 70% from predictions) was caused by disappointing sales to telcos. They've worked very hard to become a factor in G.shdsl, and expect production volumes in 3-5 months for this very hot market. They're also first, we believe, with a central office IAD for VoDSL, which Turnstone has integrated into an interesting lifeline cutover system.
  • $250M from Rose Glenn Capital bailed out Teligent, whose key strategy - connecting fiber/wireless to a building - is not yet producing cash. But CSFB's Mark Kasten pointed out the price was 51% dilution of current stockholders, in return for cash that won't carry them through 2001.
  • CSFB analysts Jamie Kiggen and Rick Vallieres took a trick from investigative reporters, signing on for a week's work incognito at Amazon.com. Proves that not all Wall Street analysts get their opinions from management briefings. No report on whether they are joining the unionization effort at Amazon.

Headlines Dec 2, 2000

  • The killer Napp
  • 70% of Napster users on broadband
  • AT&T's Odlyzko: Net growth is much slower
  • Crowe of Level 3: Backbone costs will topple
  • Kingston looking for $B from UK partners
  • Venezuela - 15,000 DSL lines is just the start
  • Starr to Sorbara at T1E1.4
  • Telcos win - but can lose
  • $1B loss in reciprocal comp for telephony CLECs
"I was a Covad layoff. Please switch my email." One of the casualties of the new mantra "funded until free cash flow positive"

    Michael Powell is intelligent, informed, hard-working and respected by those he works with - important and appropriate qualifications for the FCC Chairmanship he's likely to receive. Being Gen. Colin Powell's son doesn't hurt his political chances, either. He prefers not to insert government into decisions, "Only private firms suffer the consequences of misplaced bets. As a consequence, our crystal ball is much cloudier than theirs." Like most who choose government service, he cares about protecting consumers and promoting diversity. No rigid supporter of business, he strongly believes in competition, which in practical terms will require strong decisions preserving the CLECs. Geeks will be happy to know he understands, for example,  why AOL is lame by our standards, but he added "but it's perfect for many people. My mother-in-law loves it."

The killer Napp
70% of Napster users on broadband
Nothing generates demand for broadband better than file sharing, per Doug Shapiro of BofA, one of the most interesting Wall Street analysts. He summarizes " Napster may be the fastest growing information technology ever. And, as illustrated by our analysis of 2,000 Napster users, P2P may be the broadband killer app. The explosion of P2P and distributed computing will be a challenge to service providers, but we think it will be more boon than burden. Our conclusion is that while many pundits have realized the significance of Napster in the evolution of computing (and as a challenge to intellectual property)… …Few have grasped that it could be the broadband killer app because, to work tolerably, it essentially requires broadband.  Whether Napster survives in its current form seems immaterial; P2P is here to stay. Lacking any centralized database, Gnutella and similar programs can’t be shut down. DivX;-) could enable the “Napsterization” of movies. " We're less optimistic about thwarting the police, but are very glad to post his complete report.


AT&T's Odlyzko: Net growth is much slower
Big difference in demand if doubling yearly, not 120 days
Bill Kennard of the FCC, and Kathleen Earley of AT&T are among our sources for the common claim that backbone demand doubles every 100-120 days, but AT&T labs math researcher Odlyzko has updated his numbers that directly contradict that result. If he's right, this will revise many estimates of needed network and DSLAM capacity, including ours.
http://www.cisp.org/imp/november_2000/odlyzko/11_00odlyzko.htm

Crowe of Level 3: Backbone costs will topple
Dropping 40-50% per year
"We don't worry about over-capacity with Internet demand doubling every four months. We intend to ride that growth by lowering prices dramatically - 40-50% per year. Increased demand as prices come down will more than make up for the lost revenue"  was the good news for DSL providers who need to buy.. With one of the largest fiber builds in the world, Crowe is in a position to make his forecast come true, whatever the growth rate proves to be.

Kingston looking for $B from UK partners
Losing money, can't go it alone
Kingston, a local phone company with nationwide plans, has 8,000 subscribers on one of the most advanced DSL systems in the world. They are the showcase for Newbridge/Alcatel's Video over DSL, and intended to compete in most UK central offices. Because the capital markets turned, they have scaled back their planned investment to several hundred million, at most, and are looking for well-endowed partners to build the complete system. OFTEL's effective delay of BT competition             is driving most providers out of the UK market.

Venezuela - 15,000 DSL lines is just the start
Verizon/CAN-TV must beat back $3B from foreign telcos
DSL will be a critical weapon for CAN-TV (26% Verizon owned) as Monday's telecom deregulation is bringing $5B of investment. Telecom Italia's Digitel plans for 1M customers, and BellSouth looks to spend $1.5B. Telmex/Bell Canada/SBC  plans a $500M investment in Genesis. Most will go into wireless telephony, which already has 60% more subscribers than landlines, but every company plans a highspeed data offering as well.  Can-TV CEO Gustavo Roosen denies rumors CLECs are having a problem since Monday's deregulation "There has never been any necessity to call (telecommunications regulator) Conatel for it to intervene." (quoted by Charles Roth of Dow Jones).

Starr to Sorbara at T1E1.4
Key issues come here
Tom Starr's done an extraordinary job for 11 years, managing the most important industry group other than the DSL Forum. He writes "I went out on a high note, our most productive meeting ever.  We approved the spectrum management standard!  This is the first standard of its kind, and will serve as a technical foundation of unbundled loops.  This standard (originally proposed by Ameritech) averts an impending crisis due to uncontrolled crosstalk in the loop plant.  This sort of non-event tends to be ignored by the press, so it would be nice if you could help people appreciate that this time we closed the barn doors before the cows got lose. " Standards work is invaluable, and participation often gives companies an early start on new products. Centillium's lead in Japan and Paradyne's early certification in the UK were enabled by their work on standards. Massimo Sorbara of Globespan, currently vice-chair, takes over, with Ron McConnell of Lucent secretary. Starr moves to vice-chair, as required by term limit rules of the committee. Repeaters, VDSL, splitters, and more are on the agenda.

Telcos win - but can lose
Destroying competition could bring back regulation
Qwest's Joe Nacchio has petitioned for consumer rate increases, claiming effective competition could replace regulation. But everyone realizes the problems of NorthPoint, Covad, and Rhythms put the telcos in a commanding position, but the financial emasculation of the data CLECs is risky for the telcos. Even the most conservative economists (Furchgott-Roth of the FCC, for example) recognize capitalism requires competition, and anti-trust or regulation is required to deal with monopolies. The Verizon shutdown of the NorthPoint deal occurred the day after George Bush's election was confirmed, probably not a coincidence. The Republicans in general have protected the telcos, especially folks like Billy Tauzin, likely to take over the Commerce Committee with the help of literally millions in telco campaign contributions.

$1B loss in reciprocal comp for telephony CLECs
Legg Mason's guess as FCC nears decision
Kennard vowed to settle the issue by the end of the year, and if he doesn't, Billy Tauzin, likely new chair of the House Commerce Committee, has a bill on the table. Either way, the amounts will be dramatically reduced. The data CLECs won't be affected, but the voice CLECs will take a major hit. Deals with DSL companies will be one of the best way for Focal, Allegiance, and similar telephony oriented CLECs to replace that revenue, so we predict a surge in VoDSL arrangements. We explore partnership issue in VoDSL News.

Incoming:
  • Kevin Walsh of Accelerated shouldn't have been unhappy with last issue's write-up, which called him "invaluable" for his positioning the company as a Voice over DSL leader. But the context was the 40% stock drop, which neither we nor he would want to imply was caused by his resignation to head Irving Networks in southern California.
  • New Mexican Treasury Secretary Gil worked for Avantel. Thanks, Tony Kozuch for catching our misspelling.
Briefs:
  • Don't underestimate Winfire/FreeDSL. They expect to have 30,000 live customers by the end of this month, and their operational backbone is sophisticated enough that two ISPs have signed on with them for services.
  • DSL.net's 141 layoffs are unfortunately just one of many announcements to expect as companies slim down to preserve cash. Rhythms, we're happy to report, hopes to cut back sufficiently without resorting to layoffs.
  • If Verizon is a data company, will CEO Ivan Seidenberg continue to read Telephony? Last spring, Seidenberg and Ed Whitacre of SBC both told analysts their companies were shifting to a data focus, and should be valued that way. Ziff-Davis has put Carol Wilson in charge of the new periodical, "The Net Economy", aimed directly at folks like that and the readers of DSL Prime. She's already produced several strong issues, with an irreverence we enjoy, and we're sure it will build a strong audience. Subscription are free. Meanwhile, Carol's previous home, Inter@ctive Week, has a spiffy new design and continued strong reporting. Telephony, of course, continues as a must-read, for S. and most of the industry.
Deals:
  • CopperCom sold their LeXSS switch/VoDSL system to PriorityOne in Oregon.
International:
  • Korea Telecom and Hanaro are moving ahead on VDSL, but more slowly than expected, according to UBS Warburg's report on Next Level. Anton Wahlman and Long Jiang at UBS cover a very wide range of broadband companies, and the corporate resources (85 analysts in Korea alone!) give them international backup. We especially appreciated another feature of the analysis: UBS is looking at price/earnings ratios rather than sales, putting emphasis on actual profitability.
  • Dishnet now is offering DSL in Mumbai, Delhi, Bangalore, and Chennai. A national provider (POPs in 25 cities), they plan direct international hookups and are buying web sites in English and Indian languages to provide content. Several companies have announced fiber backbones, competition laws are pending, and we anticipate more DSL offerings shortly.
People:
  • Mark Peden has played crucial roles at Intel, NorthPoint, and the DSL Forum. He's now moved to Simpler Networks, and writes "I will continue to be involved in and lead industry groups addressing the need for automating the provisioning process and enabling any-to-any test access for DSL and other broadband access technologies.  I will continue to provide front-line evangelism and education on the technology, as well as maintain my role on the Board of Directors with the DSL Forum. What these folks have developed addresses the last missing piece that will allow service provider deployment to scale -- physical layer provisioning. I got so excited about what I Simpler, I decided to join the company."

Headlines Nov 30, 2000

  • Long court battle guaranteed if NorthPoint sues for welching
  • Anti-trust claims could reach billions
  • Verizon DSL fallback
  • Allies at equipment vendors
  • NorthPoint, Rhythms, Covad prospects
  • Growth in sight
  • Crosspoint walks from $1B VC fund
  • Tears as Zyan lays off 70%
  • 40% drop after Walsh, Vogt leave Accelerated
The cold equation for NorthPoint:

Sept 30 cash on hand $52M. Short term investments $97  Total: $150M

cash burn Q3 $90-110M

Likely out of cash: Q1 2001

DSL Prime was wrong last week, thinking Verizon would go through with the NorthPoint deal, an inexpensive way to expand nationally and acquire some first-rate management. 
    We offer a toast to the deal that might have been, and hope to be surprised by universal great success. Our previous assumption - that NorthPoint would have several quarters - was based on projections that included a $200M payment from Verizon on January 1, which will not happen.
    At the DSL Summit in Palm Springs, say hello to the round fellow with a beard, Dave Burstein and the irrepressible Jennie Bourne. Wish we could also be at the DSL Forum in Oregon - look for some real achievements. We'll have another issue Saturday before we go.

Long court battle guaranteed if NorthPoint sues for welching
    Verizon believes that they are excused from the contract of sale because of a clause about "material adverse effects" - but a drop in a stock price is not a material event, and that was the primary reason they walked. Verizon's lawyers clearly believe the non-payment by ISPs and revenue reversal may qualify. But the facts will make it a hard case to argue. Due diligence on the original deal presumably identified some of the credit problems, which should have been known to Verizon. Verizon has a hundred thousand line contract with Flashcom, one of the key late payers, so presumably is well informed of ISP issues. The long delayed merger closing (expected to take till June) virtually ensured there would be substantial changes during the interim, which presumably raised the threshold for "material".  Clearly inaccurate was Verizon's Babbio claim "We have no further obligations [due to changes] in business, operations, and financial exposure." Operations and most business aspects are in major particulars being delivered by NorthPoint as planned.

Anti-trust claims could reach billions
NorthPoint, and all the CLECs, have documented in enormous detail problems caused by the telcos, which have had a major impact on their competitors. Verizon has obvious defenses, but the claims are substantial enough to be argued for years, a cloud Verizon would not want to present to investors. Babbio implied they were unlikely to resell NorthPoint services, so NorthPoint has little to lose gambling on a suit. If forced into reorganization, the trustee would be almost obligated to examine  this claim. Natural addons to the suit would include ISPs damaged by Verizon's virtual exclusion of most ISPs in BA territory - by tariff and practice - which can be easily documented.

Allies at equipment vendors
Cisco fronts $50M to Rhythms; Nokia, Nortel, Lucent want in
    Alcatel and Cisco own the US telco market, so well-funded multinational vendors continue to chase CLECs - possibly assuming financial risk. Lucent got burned by losses at JATO, and several CLECs are going to hurt the vendors, so financing will be tighter. Telcos around the world predict capital spending flat for the next three years (Qwest sees 2002 lower than 2001), so CLECs remain critical for growth. The gross margins very high on the needed equipment - especially telephony and packet switches - tempting vendors to finance deals, even if Wall Street is critical.

Verizon DSL fallback
Haven't delivered to date
    Babbio said Verizon is on track for 500K subscribers EOY, currently installing 3,500 per day. 90% are customer self-installed. 1700 COs equipped 60% qualify, 26M lines. But that is far behind earlier goals - Bell Atlantic alone was expected to be at 500K by now. They are required to spend $500M out of region, which will be directed at business, not residential, customers. Most will be to enterprise customers through Genuity and MFN fiber (10% owned.) Goal is to become a "nationwide broadband company".

Crosspoint walks from $1B VC fund
Funded Covad, Efficient, DSL.net, Jetstream, Eziaz, New Edge, OnSite Access, BlueStar, Diamond Lane - now in recovery mode
    Partner "Rich Shapero is Mr. DSL" (Dan Moffat), but the struggling portfolio led them to turn down $1B in committed investment in a fund set to close Friday. They didn't see how to make money in the current market - and have years of repair work to do. Partner Seth Neiman told the Merc "I'm fully employed for five or six years, even if we never raised a new fund." Shapero quotes Blake "The road of excess leads to the palace of wisdom." We've had the excess - now, the wisdom is even more needed.

NorthPoint, Rhythms, Covad
2000 COs, strong staff, improving operations, cash on hand to turn things around
    No guarantees, but we think the bears will be surprised. They all have coverage of 40% of the US, international ventures, and a backlog of demand for the likely future. All the CLECs have provided consistently better service than the telcos (although not nearly as good as they should). Capital expenditure should plummet the in the next few quarters, as each has completed the basic build of over 2,000 of the 2700 large COs in the US. Most of the operational teething pains are past, and even the interface with the telcos gets better every month. After all, eight months ago, the smartest folks on Wall Street thought these stocks were worth twenty times today's price. DSL is going to double next year - the underlying business is great, even if the market isn't.
    But the stock declines have been brutal. 97% for Covad and Rhythms, 94% for NorthPoint - before today, when Rhythms and NorthPoint dropped to levels that assume imminent bankruptcy. Rhythms, in particular, has a cash reserve that should prevent that, despite the market panic. They did default on dividends on the preferred stock, however. Takeover talk continues.

Growth in sight
    "Our existing NorthPoint relationship will not be effected by the Verizon news. We're still committed to making broadband grow and see extraordinary demand" Bob Visse, Microsoft Network who was on the phone when the news came through.  AT&T, MSN, Worldcom, Allegiance, @Home, Xoxo, Verio are all ramping DSL very rapidly in the next few quarters and can pay their bills.

Tears as Zyan lays off 70%
No more hot IPO, profitability the only goal
    "There were tears flowing - both with the President and the staff." co-founder Terry Lee writes, as Zyan has gone from promised IPO riches to layoffs. "We downsized to reach breakeven/cash flow positive in the next few months.Staff reduction was about 70% (about 160 people), not the 80% reported. We have a strong revenue base with strong margins to continue operations."  Rumors abound about similar problems at Flashcom, InternetConnect, and many others, but are not yet confirmed. Zyan was a leader in reselling through smaller ISPs, who are scrambling to find a home for their customers. Justin Beech of ever-invaluable DSL Reports established an open forum to make these contacts easier.

40% drop after Walsh, Vogt leave Accelerated
Kevin's VoDSL positioning invaluable
    The stock decline presumably had other causes, but Walsh leaving for a COO job in Irvine is a major blow. The stock had a remarkable IPO run that was only possible because Kevin persuaded the industry and the press they were a hot Voice over DSL company. His polemics for SVC's and other Accelerated product features enlivened many a conference. Kathy Tebben has also moved on, and  Fima Vaisman is the new marketing VP.

Briefs:
  • Covad's layoffs of 13% are part of a plan to reduce expenditures by 25% which will require closing offices and many other cutbacks.
Deals:
  • Nortel/Shasta had a breakthru at BellSouth. David Kettler, chief architect, BellSouth, and a net pioneer, explained the Shastas will allow them to ``evolve beyond access to offer new Internet services that can deliver high-speed DSL access and differentiated, business-class VPNs to our customers.''
International:
  • More competition may be coming to Mexico, as Gil, head of alternative telephone provider Adventil/Worldcom, is expected to be named Treasury Secretary. Telmex has done almost nothing in DSL, although it is controlled by Carlos Slim and SBC, who have been investing heavily in DSL in the US.
  • SBC, Bell Canada, and Carlos Slim/Telmex are closely intertwined, and closed their $4B Latin American expansion arm. Wireless is the LA growth engine and the presumed focus of the venture.
  • As competition comes to India, traditional monopoly VSNL dropped internet and international leased lines as much as 75%.
  • Japan's deregulatory process is moving rapidly, as business fights NTT's uncompetitive rates and government steps in. NTT , in response, just dropped wireless DoCoMo prices 20% and POTs 10%. Cost to deliver most telephony services, of course, have moved down dramatically with technology, but in the US, at least, telcos are planning increases instead.
People:
  • Mark Norris of Motorola took over as CEO of Next Level, as Galvin is exercising his 80% control over the VDSL leader. 
  • Marianne Berry, one of the most delightful folks in the industry, left Verizon to become CMO of internet company Flooz.
  • BT's Chief Technologist Peter Cochrane left after thirty years for a startup. Some extraordinary engineers at BT, including several of the pioneers of DSL, have also been disappointed. Gavin Young's moved to Adevia, and we wish Jim, Gavin, and crew would free us to report what they are up to there.
Stock market:
  • Ken Moelis, star junk bond dealer, jumped from CSFB to UBS Warburg, where he will be looking to snag some telecom deals. The Times suggested Frank Quattrone of CSFB Palo Alto outranked him on technology deals, so he looked for greener pastures. The WSJ reported that another former DLJ telecom banker, Lewis Friedman, is moving to Bear Stearns, attributing the moves to culture clashes between CSFB's bureaucracy and DLJ "feeling of a small, elite meritocracy." Financing a DSL company in today's Wall Street climate would be a great way for one of these guys to prove their skill.
  • iMagicTV's 20% drop on the day of its IPO reflects the tech decline in general and the shortterm prospects for video over DSL in particular. Gilder may be dreaming of infinite bandwidth, but the networks we know are chokepoints above 300K is so, not quite enough for video. Tuesday was a disaster for Merrill, with all three telecom IPOs falling on debut. Telekom Austria and Alliance Fiber both also dropped.
  • Telecom analysts have one last big paycheck, this year's bonus, earned by the extraordinary profits early this year. But without an unlikely market recovery, next year will be tough.

Headlines Nov 22, 2000

  • Fetter: Verizon isn't backing out of the NorthPoint deal
  • ADI, 11,000,000 ports strong, buys into G.shdsl and integration
  • Legerity high voltage chip combines voice and DSL
  • G.shdsl on the way
  • Siemens delivering 600,000 lines
  • A look at the hard times
  • Let's hear it from the chief: CEO comments from Aware, Level 3, Centillium, Globespan, Orckit
  • How to help: a primer on keeping the CLECs alive
" Any support you can give would be appreciated!" A DLEC executive

      The best support we know how to give is reporting and analysis, so we worked most of the night on the piece below, how regulators can help the CLECs to survive, a goal we believe Democrats, Republicans, and most of the industry shares. We expect disagreements, and welcome your email responses, both on and off-the-record. The telco 75% DSL market share may be good news for their suppliers, but US telecom policy is based on competition, and totally fails without the CLECs.
     Truth-in-advertising is our first recommendation. Allowing deceptive advertising drives out superior services. Higher quality telco services - especially fast and reliable provisioning - benefits everyone, including CLECs who won't need multiple truck rolls because of problems. Enforcement of existing rules, Jeff Blumenfeld and Jason Oxman agree, is absolutely essential. 
      The rest of the argument is long, so at the end of the email. But don't miss the last part, about ISPs. The dirty secret of the industry is there is no open access on the telco side, either. Pricing (the "AOL tariff") is discriminatory (especially in Bell Atlantic and SBC territory), while Covad, we reported, has been turning away all but the largest ISPs since the spring, even before the financial problems. 
        
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Fetter: Verizon isn't backing out of the NorthPoint deal
Investors scared, but the deal still makes sense
Liz Fetter wrote us "the merger is on track.  We have not been approached by VZ and have kept them in the loop very closely on the ISP issue. I remain even more committed to the business, and feel our deal is the way of the future." We believe her - CEOs of public companies know how to say no comment and why not to lie. Merrill Lynch started the story, telling clients late last week that Verizon was trying to get out of the deal, and rumors swirled the street. They were reported by Shawn Young in the Wall Street Journal, along with NorthPoint's denial. After the WSJ story, Verizon will probably be obligated to look closely at the contract,  which contains a "material adverse change clause", and obtain some concessions. The stock price has gone done dramatically. But they'd be fools not to complete the deal.
    Verizon's future is out-of-territory growth. The national wireless customer base is about to surpass the regional  wireline. SBC and Qwest are coming into the home territory. They've inked a $2B fiber deal with MFN. CEO Seidenberg says it clearly. So NorthPoint's 2000 COs are the fastest way to get there. NorthPoint's management team is excellent, and badly needed in Verizon. NorthPoint's nominal independence gets around many regulations, but with 55% ownership and most of the customers, control is complete.
      Wall Street rumors are powerful, but not always accurate. We had a hand in spreading one this week, from what we believed a good source, that Rhythms was facing layoffs, but have since been corrected by the company. Apparently, we were wrong. Rhythms cash hoard will last through 2001, so they are under no pressure to make a deal at today's low prices.
    
** Be sure to download Paradyne's newly revised DSL Sourcebook.  This award winning book is a comprehensive resource on DSL, and includes an introduction to Service Level Management for DSL providers.  Check it out today at: http://www.paradyne.com/cgi-bin/return?url=page00sbdslp.pl (ad)

ADI, 11,000,000 ports, buys into G.shdsl and integration
Chiplogic brings custom design,  Thomas Neuroth symmetry
11M shipping this year is such a remarkable figure, a leading competitor wrote us he didn't believe it. Only mighty Alcatel clearly is ahead. But we believe the number, and not just because public companies like ADI are unlikely to lie in public. They are supplying the majority of the Korean deployment (Hyundai, Samsung) and the German as well (ECI). We were similarly skeptical about Conexant a while back, but confirmed with their clients (Copper Mountain, Nokia) and their clients' clients (Covad, NorthPoint) where the chips were going. To avoid unnecessary truck rolls, they were installing DSLAMs full of line cards, well ahead of actual demand from endusers. ADI also provided us off-the-record details about customers that back up their claim. Their second figure, 30M line drivers, illustrates the overall size of the industry; yet another piece of good news from operations that belies the financial agony. They expect to double that figure next year, and now have advanced integration capabilities (did anyone say gateway) and a product for the likely boom in G.shdsl.

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Legerity high voltage chip combines voice and DSL
If delivered as planned, DLCs can triple capacity
The AMD spinoff has working parts, but won't deliver volume until late next year. They have virtually eliminated the splitter and delivered POTS and ADSL in little more space than today's DSL-only cards, without excessive power demand.  The resulting cards will provide less expensive DSL to remote terminals, as well as for emerging systems and direct switch interfaces. Crucial to the design is 170 volt technology at high speed (900 meg transistors), which may also improve efficiency in separate line driver parts. Infineon/Siemens and Lucent Micro are racing to produce similar parts.

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G.shdsl on the way
From New Hampshire to your DSLAM in under six months
``We are very pleased with the results of the University of New Hampshire testing,'' commented Duncan Greatwood of Virata. ``We achieved multi-vendor interoperability on several fronts including steady-state operation and in the implementation of the G.handshake pre-activation protocol. '' Adtran told us they expect to be delivering commercial product in Q1, and volume in Q2. Everyone's optimistic about product early next year, although no one will be surprised if that slips a little.

** Avail Networks offers a free white paper covering pros and cons of delivering voice over DSL (VoDSL) services to MTU-based businesses based on alternative deployment approaches. Avail's Frontera(TM) access solutions - optimized for voice in the MTU - enable forward-looking providers to offer converged voice and data with superior quality of service. Frontera solutions are designed to reduce subscriber break even points and dramatically increase revenues per subscriber. Access the white paper now  http://www.availnetworks.com/library/whitepaper_reg.html Contact: David Kamm, dkamm@availnetworks.com <ad>

Siemens delivering
600,000 lines to Germany, 6,000 to Indonesia
After technical problems held back the products, Siemens's marketing clout is now making them a player. They have a complete product line, with equipment from US subsidiary Unisphere and Israeli branch Seabridge, and now that the problems are solved, are delivering massive quantities of gear to Deutsche Telekom. Texas Instruments is very happy that key customers Ericsson and Siemens now seem to have put their problems behind, and is bidding aggressively for sales around the world.

** Palm Springs. La Quinta. Industry leaders. Don't miss Mike Malaga and two dozen others at the 4th Annual DSL Summit December 4-7, 2000 at the luxurious La Quinta Resort in Palm Springs. To join or for further information connect: http://www.IT-TelecomSolutions.com or call 312.894.6418 <ad>

Let's hear it from the chief
More CEOs comment
The UBS Warburg conference featured a glittering array of industry leaders. The presentations are carefully checked and typically dry, because a press or investor misunderstanding can literally cost millions in instant market drop. The audience is generally very bright and well-informed, but rarely as knowledgeable as the trade itself.

Mike Tzannes, Aware, claimed an extraordinary profit potential, with a fixed cost of operations (essentially, a body of engineers) and revenues that will grow with the rapid expansion of sales. Many investors view Aware as virtually a proxy for Analog Devices, their largest licensee. When asked whether he worried because Analog Devices represented such a large share of revenues, he reminded the crowd how well ADI was doing, but also pointed to other customers, including Legerity, with excellent prospects.

Faraj Aalei, Centillium, is enormously proud of the seventy million transistor Entropia, which adds a major packet voice product to grow beyond the DSL market.
 
"DSL needs chips for both the customer and the central office, nearly twice as many ports as cable" said Armando Geday of Globespan, whose market cap is lower than cable chip provider Broadcom - a situation he presumably hopes the street will correct.  "We have made significant progress in achieving our goal to be the undisputed market leader in DSL." The market knows Globespan as the largest pure play DSL vendor, with key customers Cisco and Lucent leading industry growth.

"We don't worry about over-capacity with Internet demand doubling every four months. We intend to ride that growth by lowering prices dramatically - 40-50% per year. Increased demand as prices come down will more than make up for the lost revenue"  was the good news for DSL providers who need to buy that capacity from Jim Crowe of Level 3.

"We're the leading frame relay DSLAM provider to Verizon/GTE" was Orckit CFO's Aviv Boim's pride, expecting to deliver even more lines to Verizon in the coming year. Their basement DSLAM, the IntenCity, will be shipping with a fast VDSL line card very soon.

A look at the hard times
    More layoffs will come - folks at Covad are scared, NorthPoint will cut back when merged with Verizon, Verizon itself is cutting 25% (quietly). Many at Ameritech left after the SBC takeover, and Qwest is dropping 12,000 or so at US West. Not to mention the recent layoffs at BellSouth, NTT, BT, and KPN.

For CLECs and other companies without positive cashflow, the new dynamic is simple:
1- Companies losing money are dependent on raising more funds
2- Wall Street has lost so much on DSL (and dot.coms) they almost always refuse those funds today
          Therefore
3- Most companies have no choice but to cut back and conserve capital till profits are in sight
Incoming:
"This is sounding like a s___ business.  Man, you need to put on a happy face for all of us. Remember that Monty Python movie where the guys are up on the crucifix and start singing, "Always look on the bring side of life..."  was one pained response to our last issue. But almost 4 million lines are going in this year, and it could pass 10 million next year - the stock market is crazy, but the real business is good.
Products
Harris has a $585 line tester that can detect data as well as dialtone. TS45S xDSLSafe Test Set.  Darian Hong read our "Line stealing" story last week, and wrote "It is the only test set in the industry that can pull dial tone on a POTS/ADSL line without interrupting the ADSL connection.  It also actually alerts the technicians of data on the line with an audible tone. The TS45S not only alerts the technician, but also has a high impedance monitor circuit to prevent the technician from interrupting the data line even when connected." Please get that unit to the field, especially in apartment buildings. It was no fun when a tech cut our DSL line, presumably because he thought no dialtone meant
People:
Leroy Moyer, once a partner at Deloitte, took over as CFO at Interspeed, where presumably his primary job will be to make sure stockholder suits don't spill over to parent company Brooktrout.
Competition: here's how to help
An editorial for policy wonks only - all others please ignore
"This Commission, however, prefers to provide the benefit to consumers rather than the telco" is the  Illinois Commerce Commission's appropriate standard for public policy. So our first recommendations directly benefit consumers, and only incidentally the companies: truth in advertising and improved service quality, especially time to install and repair. These policies favor companies who in fact provide better service, a challenge the CLECs are happy to accept. We place these consumer benefits first, although Jeff Blumenfeld of Rhythms and Jason Oxman of Covad told us their priority is enforcement.

If regulators are committed to maintaining competition - a policy we think republicans and democrats share - they must use their authority strongly, and do so promptly, before the competitors are all gone. Not all CLEC problems are caused by ILEC actions, (sometimes they protest too much) but these should be addressed.

Truth in advertising should be step one
Telcos have 75% of the DSL market, and will always have greater volumes and presumably economies of scale. So competitors must offer a superior service, and be able to make that clear. DSL and cable service are designed as always-on internet connections. The speed that counts is what's regularly delivered to the internet. We believe competition should be about better service, not who can more effectively mislead in their advertising.
     The result parallels Gresham's law - bad money drives out good. In our territory, a 512K CLEC line is consistently faster than a 640K ILEC service - but how is a consumer to know? 640K sounds better, but in fact is not consistently delivered to the internet. There ought to be a law - and there is: basic truth in advertising. It will help incumbents too - after all, cable companies can advertise "10 meg" and soon "30 meg" if nothing is done.

Demanding quality service - rapidly delivered - is step two
We believe twenty-five years ago US telephone service was extraordinary, and that those standards can be profitably met today. Reality today is that service is far behind the quality telco CEOs Ed Whitacre, Ivan Seidenberg, Duane Ackerman, or Joe Nacchio believe they should be delivering, and which will ensure their long-term success. The same policies that improve consumer service would dramatically reduce competitors costs, because telco errors and unnecessary delays are a large burden on competitors. Each improperly installed or tested line costs a truck roll that decimates profit; every extra day of delay provisioning service makes the customer less likely to buy DSL - and more likely to move to cable.

   
Time to install must be competitive
"Loop provisioning timeliness is the single most important regulatory issue. Adopting a national requirement for time to install is the key step we hope regulators will take." Jason Oxman of Covad told us today. In Texas the PUC arbitration ruled "3 business days is a reasonable approach based on the evidence in the record." The real world agrees "If we didn't take care of customers in a few days, we'll lose them," we were told by a cable installer. This is not a tough requirement, as Illinois made clear "Ameritech has failed to demonstrate any reason it requires five business days to provision a line shared loop that requires 10 minutes of work." But while Texas has required three day provisioning (unless there's a loop problem), and Illinois wants to get it to one day, it would cost millions and unacceptable time to resolve this state-by-state. Federal action - even clear guidance to the states - could speed things up dramatically.

    Test and clean the lines
Lines that don't work cost a fortune for all parties involved, and British Telecom's experience shows advanced testing can prevent most problems. In an automated test of one million lines, 20% were identified in advance as requiring work - and 5%, initially believed unservable, proved fine, according to data from Teradyne, whose equipment was used, and verified by BT. 
      Systematic testing in the US would pay for itself, most likely, in direct savings to the telcos. It would also dramatically reduce problems for the CLECs. Perhaps the largest payoff comes to the consumer. Right now, most customers between 12,000 & 18,000 feet from the CO are simply denied service, by both the ILEC and CLEC, to avoid possible problems. This represents at least 20%, and probably more, of the Americans who cannot obtain DSL - although most could be economically served. The number of potential customers added, without capital investment, is probably greater than if Project Pronto-like remote terminals were deployed throughout the nation.
    
Enforcing the rules, step three
Oxman was clear: "After they issue rules, they need to follow up with enforcement." But Blumenfeld believes the commission only takes action after complaints, and that's insufficient. They both want the commission to be pro-active, asking the telcos to provide metrics to demonstrate  compliance. The CLECs have neither the staff nor the desire to inundate the FCC with complaints. Going forward, the problem becomes worse. Verizon will control NorthPoint, Covad's largest customer will be SBC, and Rhythms may be taken over as well. Bringing a complaint to the commission invites retaliation elsewhere. Oxman says the law is clear "The FCC needs to inquire under section 218 so that the LECs demonstrate they are actually fulfilling the rules."

   Computer-mediated ordering comes first. "OSS bonding is a key issue that should be fixed immediately. Complete order flow-through without needing human intervention has been promised, and needs to be delivered." Oxman says. Blumenfeld argues that failure to provide electronic access means the telcos are already six months late complying with the June 6 line-sharing rules. The Illinois decision appears to agree.  "Ameritech is obligated to give CLECs non-discriminatory access to all OSS necessary to provision line shared loops for xDSL service. Such OSS must be sufficient to allow CLECs to determine what type of DSL is suitable for a loop (pre-ordering), place orders for the CLEC’s chosen type of xDSL service into the Ameritech’ s systems to be processed and have the line-shared loop provisioned."

Find common ground for advanced services

An articulate telco executive wrote us last week that the FCC rules would prevent his company from deploying the most efficient remote terminal equipment, while Oxman sees other regulations interfering with their equipment choice as well. "Prohibiting multi-functional CO equipment  in a colo would discourage both providers and equipment manufacturers from precisely the kind of innovation we're all looking for." Both are right, we believe, and urge the rulemakers to find common ground on such issues in the name of efficiency.

Detect and publicize all subsidies

"The separate affiliates are a good idea, but no panacea unless they are truly separate. So far we haven't seen that." Oxman's claim rings true, and the advantages given the "independent subs", from electronic OSS access to near exclusive presence on the web sites, appear substantial. The original FCC proposal for separation had tough terms (no corporate credit guarantee among them), but the current form doesn't come close.

Long distance approval is the primary lever

"The FCC has to maintain the bar in the 271 long distance issues, which is where the key action is. They can't give Verizon a free pass in Mass, as they did in New York." We don't agree with his free pass view of the New York 271, which forced the subsidiary and has numerous performance clauses. But the long distance approval will be the crucial lever.

The primary rule: remember the customers

ISPs will be dead without open access to telcos and DLECs
Discriminatory pricing policies could put most out of business
We're speaking plainly, because too many public comments evade the issue, and it will soon be too late. We're not looking to bash telcos - in fact, Covad, even before the financial problems, was implementing policies to discard all but a handful of ISPs. As a practical matter, most ILECs do not offer anything like open access, despite their claims. Bell Atlantic pricing is typical; their own sub collects nearly twice as high a margin as all but 2-5 large ISPs (typically, $13 versus $7, calculating back from the $39.95 market rate.) Then additional fees (for individual DSLAMs and COs, T-3 purchase rather than dark fiber colo'd) make the disparity even worse. The FCC was negligent allowing these tariffs - they make a mockery of open access claims. They hurt Verizon as well - GTE, which did not exclude ISPs, had nearly twice the DSL subscribers as BA. We call it the "AOL tariff", because it was initially written to provide AOL favored pricing, while effectively avoiding most competition. Today, it gives Verizon's "independent" subsidiary an almost insurmountable advantage over others. The low acceptance rate for Bell Atlantic's ISP program proves the point.
     The additional cost of billing the typical ISP compared to a large one is negligible - cutting their margin in half puts them out of the broadband game, which most projections - including Bell Atlantic's - believe will dominate.

** Learn about the g.shdsl market and how to build shdsl equipment. Virata, the leader in software and silicon for DSL customer equipment, is set to become the leader in g.shdsl solutions. Register at http://www.virata.com for Virata's free g.shdsl technical seminar in San Jose on December 14th to learn about the technology, opportunities, and see breakthrough g.shdsl implementations in action. (ad)

In-progress: Intel's network chips for gateways, Sharegate, UK (colo next door), updated numbers from Bell Canada and the US telcos, Carol Wilson's "The Net Economy", Knowling's successes at Covad, Voice and chip analysis

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